62
corresponding to the reparations stage before the Inter-American
Court.
173. In its brief of February 5, 2001 (supra para. 51), referring to the
State’s position (infra para. 174), the Commission indicated that, since Peru
had not fully complied with its recommendations, it was reiterating the claims
set out in its briefs for the application and final arguments (supra paras. 1
and 47).
The State’s arguments
174. In its brief of February 1, 2001 (supra para. 50), Peru expressed its
willingness to reach a friendly settlement and to that end, it will appoint an
agent in order to respond to the Commission’s claims.
*
*
*
The considerations of the Court
175.
Article 63(1) de the American Convention establishes that
[i]f the Court finds that there has been a violation of a right or freedom protected by
this Convention, the Court shall rule that the injured party be ensured the enjoyment of
his right or freedom that was violated. It shall also rule, if appropriate, that the
consequences of the measure or situation that constituted the breach of such right or
freedom be remedied and that fair compensation be paid to the injured party.
176. In the instant case, the Court has already established that Peru violated
Articles 20(1), 20(3), 8(1), 8(2), 21(1), 21(2), 25(1), 13(1) and 13(3) of the
American Convention.
177. This Court has constantly reiterated in its jurisprudence that it is a principle of
international law that all violations of an international obligation that produce a
damage entail the obligation to repair this adequately108.
178. The reparation of the damage caused by the violation of an international
obligation requires full restitution (restitutio in integrum), which consists of reestablishing the previous situation and repairing the consequences of the violation,
as well as payment of an indemnity as compensation for the damage caused109.
179. As a consequence of the violations to the rights embodied in the Convention
indicated in this case, the Court must rule that the victim be guaranteed the
enjoyment of his violated rights and freedoms.
The Court observes that, in
“Supreme Resolution” No. 254-2000-JUS, of November 15, 2000, the State accepted
the recommendations formulated in the Commission’s Report No. 94/98 of December
108
Cf. Constitutional Court case, supra note 8, para. 118; Suárez Rosero case. Reparations (Article
63(1) American Convention on Human Rights). Judgment of January 20, 1999. Series C No. 44, para. 40.
See also, Factory at Chorzów, Jurisdiction, Judgment No. 8, 1927, P.C.I.J., Series A, No. 9, p. 21; and
Factory at Chorzów, Merits, Judgment No. 13, 1928, P.C.I.J., Series A, No. 17, p. 29; Reparation for
Injuries Suffered in the Service of the United Nations, Advisory Opinion, I.C.J. Reports 1949, p. 184.
109
Cf. Constitutional Court case, supra note 8, para. 119.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos