domestic decision or a determination by this Court as to whether the alleged victims
effectively had grounds for their claims for the rights referred to in the said article 31.
Consequently, the Court has not found any evidence to declare a violation of Article 21
of the American Convention on Human Rights.
VIII
REPARATIONS
(APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION)
239. Based on the provisions of Article 63(1) of the American Convention,274 the Court
has indicated that any violation of an international obligation that has caused harm
entails the obligation to provide adequate reparation,275 and that this provision reflects a
customary norm that constitutes one of the fundamental principles of contemporary
international law on State responsibility.276
240. The reparation of the damage caused by the violation of an international
obligation requires, whenever possible, full restitution (restitutio in integrum), which
consists of the re-establishment of the previous situation. If this is not possible, as in
most cases of human rights violations, the Court will determine measures to guarantee
the rights violated, to repair the consequences of the violations that occurred, and to
establish compensation for the damage caused.277 Consequently, the Court has
considered the need to grant different measures of reparation, in order to redress the
damage fully, so that, in addition to pecuniary compensation, measures of restitution
and satisfaction, and guarantees of non-repetition are especially relevant to the damage
caused.278
241. This Tribunal has established that reparations must have a causal link to the facts
of the case, the violations declared, and the damage attributed to those violations, as
well as to the measures requested to repair the corresponding damage. Therefore, the
Court must verify that concurrence in order to rule duly and in keeping with the law.279
A.
Injured Party
242. The Court reiterates that, under the terms of Article 63(1) of the American
Convention, anyone who has been declared a victim of the violation of any right
274
This article stipulates 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..”
275
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989.
Series C No. 7, para. 25; Case of Contreras et al. v. El Salvador, supra note 12, para. 178, and Case of López
Mendoza v. Venezuela, supra note 12, para. 207.
276
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs.
Judgment of May 26, 2001. Series C No. 77, para. 62; Case of Torres Millacura et al. v. Argentina, supra note
18, para. 157, and Case of López Mendoza v. Venezuela, supra note 12, para. 207.
277
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra note 275, para. 26; Case
of Mejía Idrovo v. Ecuador, supra note 251, para. 128, and Case of López Mendoza v. Venezuela, supra note
12, para. 209.
278
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001. Series
C No. 88, paras. 79 to 81; Case of Chocrón Chocrón v. Venezuela, supra note 18, para. 145, and Case of
López Mendoza v. Venezuela, supra note 12, para. 209.
279
Cf. Case of Cantoral Benavides v. Peru, supra note 278, para. 42; Case of Bámaca Velásquez v.
Guatemala. Reparations and costs. Judgment of February 22, 2002. Series C No. 91, para. 43; Case of
Contreras et al. v. El Salvador, supra note 12, para. 179, and Case of López Mendoza v. Venezuela, supra note
12, para. 210.
88