59
Thought and Expression), 16(1) (Freedom of Association), 21(1) and 21(2) (Right to
Property), 24 (Right to Equal Protection) and 25 (Right to Judicial Protection) of the
American Convention, and failed to comply with Article 1(1) (Obligation to Respect
Rights) thereof, to the detriment of the victims indicated in paragraph 49(10) of this
judgment.
51.
Article 63(1) of the American Convention establishes 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.
52.
This provision contains a customary norm that constitutes one of the basic
principles of contemporary international law on State responsibility. When an
unlawful act occurs, which can be attributed to a State, this gives rise immediately to
its international responsibility for violating the international norm, with the
consequent obligation to cause the consequences of the violation to cease and to
repair the damage caused.248
53.
Whenever possible, reparation of the damage caused by the violation of an
international obligation requires full restitution (restitutio in integrum), which
consists in the re-establishment of the previous situation. If this is not possible, as in
the instant case, the international Court must determine a series of measures to
ensure that, in addition to guaranteeing respect for the violated rights, the
consequences of the violations are remedied and compensation paid for the damage
caused.249 The responsible State may not invoke provisions of domestic law to
modify or fail to comply with its obligation to provide reparation, all aspects of which
(scope, nature, methods and determination of the beneficiaries) are regulated by
international law.250
54.
It has to be taken into consideration that, in many cases of human rights
violations, such as the instant case, restitutio in integrum is not possible; therefore,
bearing mind the nature of the juridical right affected, reparation is made, inter alia,
according to international case law, by means of fair indemnity or pecuniary
compensation. It is also necessary to add any positive measures the State must
adopt to ensure that the harmful acts, such as those that occurred in this case, are
not repeated.251
55.
In accordance with the evidence gathered during the proceedings and in light
of the foregoing criteria, the Court proceeds to consider the claims presented by the
Commission and by the representatives concerning reparations, in order to
determine, first, who are the beneficiaries of the reparations, and then to establish
248
Cf. Case of Tibi, supra note 3, para. 223; Case of the “Juvenile Reeducation Institute”, supra note
3, para. 258, and Case of Ricardo Canese, supra note 3, para. 193.
249
Cf. Case of Tibi. supra note 3, para. 224; Case of the “Juvenile Reeducation Institute”, supra note
3, para. 259, and Case of Ricardo Canese, supra note 3, para. 194.
250
Cf. Case of Tibi, supra note 3, para. 224; Case of the “Juvenile Reeducation Institute”, supra note
3, para. 259, and Case of Ricardo Canese, supra note 3, para. 194.
251
Cf. Case of the “Juvenile Reeducation Institute”, supra note 3, para. 260; Case of Ricardo
Canese, supra note 3, para. 195; and. Judgment of July 8, 2004. Series C No. 110, para. 189.
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