246. Based on the violations of the American Convention, the Convention on Forced
Disappearance, the Convention against Torture, and the Convention of Belém do Pará
declared in this Judgment, the Court will proceed to analyze the claims submitted by the
Commission and by the representatives, and also the State’s arguments, in light of the
criteria established in the Court’s case law as regards the nature and scope of the
obligation to repair, in order to establish measures designed to repair the harm caused to
the victims.320
247. This Court has established that the reparations must have a causal nexus with the
facts of the case, the violations declared, the damage proved, and the measures requested
to repair the respective damage. Therefore, the Court must observe the said concurrence
in order to rule appropriately and in keeping with the law.321
248. Reparation of the damage caused by the violation of an international obligation
requires, whenever possible, full restitution (restitutio in integrum), which consists in the
re-establishment of the previous situation. If this is not feasible, as in most cases of human
rights violations, the Court will determine measures to guarantee the rights that have been
violated and to repair the consequences of such violations.322 Thus, the Court has
considered the need to grant diverse measures of reparation in order to redress the
damage comprehensively, so that, in addition to pecuniary compensations, measures of
restitution and satisfaction, together with guarantees of non-repetition have special
relevance for the damage caused.323 In the instant case, the Court will take into
consideration the grave and massive human rights violations committed by the State in the
context of the internal armed conflict, the lack of due diligence in the investigation of the
facts, and also the consequences of the latter.
A.
Injured Party
249. The Court reiterates that, in the terms of Article 63(1) of the Convention, the
injured party is considered to be the person who has been declared the victim of the
violation of any right recognized in the Convention. Therefore, the Court considers as
“injured parties” those persons mentioned in paragraphs 127, 135, 150 and 237 and
Annexes VI and VII of this Judgment, who, as victims of the violations declared herein, will
be considered beneficiaries of the reparations ordered by the Court.
250. In addition, the Commission asked the Court to order the State “[t]o establish a
mechanism that will facilitate the complete identification of the next of kin of the executed
and disappeared victims, so they may be beneficiaries of reparations.” In addition, it
requested that the State be ordered to “[e]stablish a mechanism to determine the identity
of the persons who disappeared during the massacre and of the survivors.” Neither the
representatives nor the State referred to these requests.
320
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 25 and 26, and Case of
the Kichwa Indigenous People of Sarayaku v. Ecuador, supra, para. 283.
321
Cf. Case of Ticona Estrada et al. v. Bolivia, supra, para. 110, and Case of the Kichwa Indigenous People of
Sarayaku v. Ecuador, supra, para. 281.
322
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, para. 26 and Case of the
Kichwa Indigenous People of Sarayaku v. Ecuador, supra, para. 280.
323
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001. Series C
No. 88, paras. 77 to 81, and Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, supra, para. 280.
86
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos