310. The Court has corroborated that, according to Memorandum No. FEEPC-1082014 – which the State provided to this Court – the Ethnic Affairs Prosecutor indicated
that no public authority had authorized the construction of this highway and that,
according to the inquiries made by the investigators, the situation did not constitute
the offense of abuse of authority […].” 329 Based on the evidence in the case file, the
Court notes that the petitioners were not advised of either the findings of the
inspection of the area or the conclusion regarding the non-constitution of the offense of
abuse of authority, and this could have prevented them from making use of the
available remedies to appeal that decision.
311. The Court considers that the failure to notify the decision on the complaint filed
for the alleged perpetration of the offense of abuse of authority, as well as the delay in
the commencement of the investigation, violated the right of access to justice and the
principle of a reasonable time because, more than four years after the complaint was
filed, the State has not notified the Punta Piedra community or its representatives that
the proceedings have concluded.
312. Based on the above, the Court finds that the State is responsible for the
violation of Articles 8 and 25 of the American Convention, in relation to Article 1(1) of
this instrument, to the detriment of the Punta Piedra Garifuna community and its
members.
X
REPARATIONS
(APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION)
313. Pursuant to Article 63(1) of the American Convention, 330 the Court has indicated
that any violation of an international obligation that has caused harm entails the duty
to provide adequate reparation and that this provision reflects a customary norm that
constitutes one of the fundamental principles of contemporary international law on
State responsibility. 331
314. This Court has established that the reparations must have a causal nexus with
the facts of the case, the violations that have been declared, the harm that has been
proved, and the measures requested to redress the respective harm. Therefore, the
Court must observe this concurrence in order to rule appropriately and according to
law. 332
Cf. Memorandum No. FEEPC-108-2014 of the Ethnic Affairs Prosecutor addressed to the Coordinator
of the International Affairs Unit, to inform about the current status of the complaints at the domestic level, of
October 2, 2014 (evidence file, folios 2327 to 2328).
330
Article 63(1) of 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.”
331
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989.
Series C No. 7, para. 25, and Case of Omar Humberto Maldonado Vargas et al., supra, para. 149.
332
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 Omar Humberto Maldonado Vargas et al., supra, para.
149.
329
88