127
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.
346. This article reflects a customary norm that constitutes one of the basic
principles of contemporary international law on State responsibility. Thus, when an
unlawful act occurs, which can be attributed to a State, this gives rise immediately to
its international responsibility, with the consequent obligation to cause the
consequences of the violation to cease and to repair the damage caused.257
347. 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, inter alia, compensation is
established for the damage caused.258 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) is regulated by international law.259
348. Reparations consist of measures tending to eliminate the effects of the
violations that have been committed. Their nature and amount depend on both the
pecuniary and non-pecuniary damage that as been caused. Reparations should not
make the victims or their successors either richer or poorer.260
349. In light of these criteria and the circumstances of the instant case, the Court
will proceed to examine the claims submitted by the parties regarding reparations,
so as to order measures designed to repair the damage in this case.
A)
Beneficiaries
The Commission’s arguments
350. The Commission indicated that, in keeping with the nature of this case, the
beneficiaries of the reparations were the persons described in Appendix B of the
application.
257
Cf. Case of Baldeón García, supra note 5, para. 175; Case of the Sawhoyamaxa Indigenous
Community, supra note 9, para. 196; and Case of Acevedo Jaramillo et al., supra note 12, para. 295.
258
Cf. Case of Baldeón García, supra note 5, para. 176; Case of the Sawhoyamaxa Indigenous
Community, supra note 9, para. 197; and Case of Acevedo Jaramillo et al., supra note 12, para. 296.
259
Cf. Case of Baldeón García, supra note 5, para. 175; Case of the Sawhoyamaxa Indigenous
Community, supra note 9, para. 197; and Case of Acevedo Jaramillo et al., supra note 12, para. 296.
260
Cf. Case of Baldeón García, supra note 5, para. 177; Case of the Sawhoyamaxa Indigenous
Community, supra note 9, para. 198; and Case of Acevedo Jaramillo et al., supra note 12, para. 297.
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