to be considered a true breach.84 In this case, the Court notes that the state did not plead its
federal structure as an excuse to fail to comply with its international obligations, and therefore,
the Court does not find that the state has failed to comply with its obligations arising from Article
28 of the Convention.
B.3 Conclusion
58. In accordance with the foregoing, the Court concludes that the state is responsible for the
violation of Article 8(2)(h) of the Convention, read in conjunction with Article 1(1) of the same
instrument, due to a failure by the Supreme Court of Mendoza to provide a comprehensive review
of the appeal filed by Mr. Gorigoitía's defense counsel against the conviction of the First Criminal
Chamber of Mendoza. Likewise, it concludes that the state is responsible for the violation of Article
2 of the Convention as a result of the cassation appeal regulations set forth in Article 503 of Law
1908 that are contrary to the Convention. Additionally, the Court concludes that the state is not
responsible for the violation of Article 25 of the Convention, read in conjunction with Article 1(1)
of the same instrument, and that it is not responsible for the violation of Article 28 of the
Convention.
IX
REPARATIONS85
59. Based on Article 63(1) of the American Convention,86 the Court has indicated that any
violation of an international obligation that has caused harm entails the duty to make adequate
reparation and that this provision reflects a customary norm that constitutes one of the
fundamental principles of contemporary international law on state responsibility.
60. Reparation of the harm caused by the violation of an international obligation requires, insofar
as possible, full restitution (restitutio in integrum), which consists in the restoration of the previous
situation.87 If this is not feasible, as in most cases of human rights violations, the Court will
determine measures to ensure the rights that have been infringed, and to redress the
consequences of the resulting harm.88 Therefore, the Court has found it necessary to grant
different measures of reparation in order to redress the harm integrally so that, in addition to
pecuniary compensation, measures of restitution, rehabilitation and satisfaction and guarantees
of non-repetition have special relevance for the harm caused.89
61. The Court has established that reparations must have a causal nexus with the facts of the
case, the violations that have been declared, the harm proved, and also the measures requested
to redress the respective damage. Therefore, the Court must observe this concurrence in order to
rule appropriately and in accordance with the law.90
Cf. Case of Escher et al. v. Brazil. Preliminary Objections, Merits, Reparations, and Costs. Judgment of July 6,
2009. Series C No. 200, para. 220.
85
Application of Article 63(1) of the Convention.
86
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989. Series C No. 7,
para. 26, and Case of Martínez Coronado v. Guatemala. Merits, Reparations, and Costs. Judgment of May 10, 2019. Series
C No. 376, para. 90.
87
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989. Series C No. 7,
para. 26, and Case of Martínez Coronado v. Guatemala. Merits, Reparations, and Costs. Judgment of May 10, 2019. Series
C No. 376, para. 91.
88
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989. Series C No. 7,
para. 26, and Case of Martínez Coronado v. Guatemala. Merits, Reparations, and Costs. Judgment of May 10, 2019. Series
C No. 376, para. 91.
89
Cf. Case of the “Las Dos Erres” Massacre v. Guatemala, Preliminary Objections, Merits, Reparations and Costs.
Judgment of November 24, 2009. Series C No. 211, para. 226, and Case of Martínez Coronado v. Guatemala. Merits,
Reparations, and Costs. Judgment of May 10, 2019. Series C No. 376, para. 91.
90
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, Reparations, and Costs. Judgment of November 27, 2008.
Series C No. 191, para. 110, and Case of Martínez Coronado v. Guatemala. Merits, Reparations, and Costs. Judgment of
May 10, 2019. Series C No. 376, para. 92.
84
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