16
freedom be remedied and that fair compensation be paid to the injured party (emphasis
added).
48.
Reparations is a generic term that covers all of the various ways a State can
redress the international responsibility it has incurred (restitutio in integrum,
indemnization, satisfaction, assurances of guarantees that the violations will not be
repeated, and others).
49.
The obligation to make reparation established by international courts is
governed, as has been universally accepted, by international law in all its aspects:
scope, nature, modality and determination of beneficiaries, none of which the
respondent State may alter by invoking its domestic law (Garrido and Baigorria
Case, Reparations, supra 42, para. 42).
50.
As the Court has indicated (Aloeboetoe et al. Case, Reparations (Art. 63(1)
American Convention on Human Rights), Judgment of September 10, 1993. Series C
No. 15, para. 43), Article 63(1) of the American Convention codifies a rule of
customary law which, moreover, is one of the fundamental principles of current
international law and a responsibility of the States (cf. Factory at Chorzów,
Jurisdiction, Judgment No. 8, 1927, P.C.I.J., Series A, No. 9, p. 21 and Factory at
Chorzów, Merits, Judgment No. 13, 1928, P.C.I.J., Series A, no. 17, p. 29;
Reparations for Injuries Suffered in the Service of the United Nations, Advisory
Opinion, I.C.J. Reports 1949, p. 184). This is the sense in which this Court has
applied that provision (in, inter alia, the El Amparo Case, Reparations (Art. 63(1)
American Convention on Human Rights), Judgment of September 14, 1996. Series C
No. 28, para. 14; Neira Alegría et al. Case, Reparations (Art. 63(1) American
Convention on Human Rights), Judgment of September 19, 1996. Series C No. 29,
para. 36; Caballero Delgado and Santana Case, Reparations (Art. 63(1) American
Convention on Human Rights), Judgment of January 29, 1997. Series C No. 31,
para. 15; Garrido and Baigorria Case, Reparations, supra 42, para. 40, and Loayza
Tamayo Case, Reparations, supra 38, para. 84). When a wrongful act occurs that is
imputable to a State, the latter incurs international responsibility for violation of an
international rule, and thus incurs a duty to make reparation.
51.
The reparations established in this Judgment must be proportionate to the
violations of articles 7, 5, 4 and 25, in relation to Article 1(1) of the American
Convention, violations whose occurrence was established in the Judgment of
November 3, 1997.
52.
In cases involving violation of the right to life, such as the instant case, given
the nature of that which was affected reparation is generally in the form of a
pecuniary compensation, according to international case law, and assurances of
guarantees that the wrongful act will not be repeated (Garrido and Baigorria Case,
Reparations, supra 42, para. 41).
53.
As the name implies, reparations are intended to wipe out the effects of the
violation. Their quality and amount will depend upon the damage caused at both the
material and moral levels.
Reparation is not to imply either enrichment or
impoverishment for the victim or his heirs (cf. Garrido and Baigorria Case,
Reparations, supra 42, para. 43; the Delagoa Bay Case, LA FONTAINE, Pasicrisie
internationale, Berne, 1902, p. 406).
VI