12
46.
Article 63(1) of the Convention makes a distinction between the behavior that
must be followed by the State responsible for the violation from the moment that the
Court passes judgment and the consequences of that same State’s attitude in the
past, that is, while the violation was in process. As regards the future, Article 63(1)
provides that the injured party shall be ensured the enjoyment of the right or
freedom that was violated. As for the past, the provision in question empowers the
Court to impose reparations for the consequences of the violation and a fair
compensation.
In matters involving violations of the right to life, as in the instant case, reparation
must of necessity be in the form of pecuniary compensation, given the nature of the
right violated (Velásquez Rodríguez Case, Judgment of July 29, 1988. Series
C No. 4, para. 189; Godínez Cruz Case, Judgment of January 20, 1989.
Series C No. 5, para. 199).
47.
The Commission interprets Article 63(1) of the Convention as instituting the
obligation to reestablish the statu quo ante. In another part of its brief, the
Commission refers to in integrum restitutio, which it seems to equate to the
reestablishment of the statu quo ante. Regardless of the terms employed, the
Commission affirms that the compensation to be paid by Suriname shall be in an
amount sufficient to remedy all the consequences of the violations that took place.
48.
Before analyzing these rules in their legal context, it is important to reflect on
human actions in general and how these occur in practice.
Every human act produces diverse consequences, some proximate and others
remote. An old adage puts it as follows: causa causæ est causa causati. Imagine
the effect of a stone cast into a lake; it will cause concentric circles to ripple over
the water, moving further and further away and becoming ever more imperceptible.
Thus it is that all human actions cause remote and distant effects.
To compel the perpetrator of an illicit act to erase all the consequences produced by
his action is completely impossible, since that action caused effects that multiplied to
a degree that cannot be measured.
49.
For a long time, the law has addressed the subject of how human actions
occur in practice, what their effects are and what responsibilities they give rise to.
On the international plane, the arbitral award in the case of “Alabama” already dealt
with this question (Moore, History and Digest of International Arbitrations to
which the United States has been a Party, Washington, D.C., 1898, vol. I,
pp. 653-659).
The solution provided by law in this regard consists of demanding that the
responsible party make reparation for the immediate effects of such unlawful acts,
but only to the degree that has been legally recognized. As for the various forms
and modalities of effecting such reparation, on the other hand, the rule of in
integrum restitutio refers to one way in which the effect of an international unlawful
act may be redressed, but it is not the only way in which it must be redressed, for
in certain cases such reparation may not be possible, sufficient or appropriate (cf.
Factory at Chorzów, merits, supra 43, p. 48). The Court holds that this is the
interpretation that must be given to Article 63(1) of the American Convention.