X
REPARATIONS
(Application of Article 63(1) of the American Convention)
106. Pursuant to the terms of Article 63(1) of the American Convention, 117
the Court has indicated that any violation of an international obligation that
has caused damage entails the duty to provide adequate reparation118 and
that “this provision reflects a common-law norm that is one of the
fundamental principles of contemporary international law regarding the
responsibility of the State.” 119
107. The Tribunal has established that reparations must have a causal link
with the facts of the case, the alleged violations, the proven damages, as well
as with the measures requested to repair the respective damages. Therefore,
the Court must observe such concurrence in order to duly declare according
to law. 120
108. In consideration of the violations of the American Convention so
declared in the preceding chapters, the Tribunal shall address the requests for
reparations made by the Commission and the representatives, as well as the
State’s observations thereof, in light of the criteria embodied in the Court’s
jurisprudence in connection with the nature and scope of the obligation to
make reparations, 121 in order to adopt the measures required to redress the
damage caused to the victim.
A.
Injured Party
109. This Tribunal considers as injured party, pursuant to Article 63(1) of
the Convention, the person who has been declared to be the victim of the
violation of some of the rights enshrined in the Convention. In the instant
case, the victims are Mr. Pedro Miguel Vera Vera and Ms. Francisca Mercedes
117
This article states 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.”
118
Cf. Case of Velásquez Rodríguez V. Honduras. Reparations and Costs. Judgment of July
21, 1989. Series C No. 7, para. 25; Case of Salvador Chiriboga V. Ecuador. Reparations and
Costs. Judgment of 3 de marzo de 2011 Series C No. 222, para. 32, and Case of Abrill Alosilla et
al. V. Perú, supra note 7, para. 86.
119
Case of the “Street Children” (Villagrán Morales et al.) V. Guatemala. Reparations and
Costs. Judgment of 26 de mayo de 2001. Series C No. 77, para. 62; Case of Salvador Chiriboga
V. Ecuador, supra note 127, para. 32, and Case of Abrill Alosilla et al. V. Perú, supra note 7,
para. 86.
120
Cf. Case of Ticona Estrada et al. V. Bolivia. Merits, Reparations and Costs. Judgment of
November 27, 2008. Series C No. 191, para. 110; Case of Gelman V. Uruguay, supra note 12,
para. 248, and Case of Abrill Alosilla et al. V. Perú, supra note 7, para. 87.
121
Cf Case of Velásquez Rodríguez V. Honduras, supra note 127, paras. 25 a 27; Case of
Cabrera García and Montiel Flores V. México, supra note 7, para. 210, and Case of Abrill Alosilla
et al. V. Perú, supra note 7, para. 88.
42
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