51
right to be presumed innocent enshrined in Article 8(2) of the American Convention
in relation to Article 1(1) thereof.
X
REPARATIONS
(APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION)146
170. It is a principle of International Law that any violation of an international
duty, which has caused damage, entails the duty to make proper reparations for
such damage.147 All aspects of this duty to make reparations are governed by
International Law.148 The Court has based its decisions on Article 63(1) of the
American Convention.
171. On the grounds of the considerations on the merits and the violations of the
Convention stated above, and in the light of the criteria set forth in the Tribunal’s
case law as regards the nature and scope of the duty to make reparations,149 the
Court shall now proceed to analyze both the claims made by the Commission and by
the representatives, and the relevant arguments of the State, in order to establish
the necessary measures to redress such violations.
172. Before examining the requested reparations, the Court observes that the
State did not submit any specific arguments on the reparation measures requested
by the Commission or the representatives, but instead it only pointed out that the
claims for a condemnatory judgment made by the Commission were pointless, and
requested that all the petitions submitted by the representatives of the victim be
rejected because they were inadmissible and groundless.
173. Nevertheless, the State submitted arguments regarding reparations under the
headings “preliminary objection” and “preliminary comments” of its answer to the
application. Under the first item, it alleged that the Court may not order the State to
adapt its criminal legal system to conform to Article 13 of the Convention, since it
has competent jurisdiction to do therefore only when acting in an advisory capacity
but not in the context of a contentious case. Likewise, in its comments on the
motions by the representatives, the State alleged that: a) the Court has no authority
to order the State to adapt its criminal and civil legal system to conform to
international standards in the field of freedom of expression, or to order the State to
take such administrative and legislative measures as may be necessary to regulate
146
Article 63(1) of the Convention provides that:
If 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.
147
Cf. Case of Velásquez-Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989.
Series C No. 7, para. 25; Case of Ticona-Estrada et al., supra note 6, para. 106; and Case of ValleJaramillo et al., supra note 6, para. 198.
148
Cf. Case of Aloeboetoe et al. v. Suriname. Merits. Judgment of December 4, 1991. Series C No.
11, para. 44; Case of Ticona-Estrada et al., supra note 6, para. 106; and Case of Valle-Jaramillo et al.,
supra note 6, para. 198.
149
Cf. Case of Velásquez-Rodríguez, supra note 147, paras. 25 to 27; Case of Ticona-Estrada et al.,
supra note 6, para. 107; and Case of Valle-Jaramillo et al., supra note 6, para. 199.