240. Based on the violations of the American Convention declared in the preceding
chapters, the Court will now consider the claims presented by the Commission and the
representatives, in light of the criteria established in the Court’s case law regarding the
nature and scope of the obligation to make reparation, in order to establish the measures
addressed at repairing the harm caused to the victims.301
241. This Court has established that ”the reparations must have a causal nexus with the
facts of the case, the violations declared, the harm proved, and the measures requested to
repair the respective damage. Therefore, the Court must observe this concurrence in order
to rule appropriately and in accordance with law.”302
242. The Court finds that the denial of justice to victims of grave human rights violations
results in a series of adverse effects in both the individual and the collective sphere. Thus, it
is evident that the victims of prolonged impunity suffer different effects owing to the search
to obtain justice, not only of a pecuniary nature but also other suffering and harm of a
mental and physical nature and in relation to their life project, as well as other possible
alterations to their social relations and family dynamics.303
243. The Court has considered it necessary to grant different measures of reparation in
order to redress the damage fully. Thus, in this case, in addition to the pecuniary
compensation, measures of satisfaction and restitution, and guarantees of non-repetition are
especially relevant due to the gravity of the effects and the harm caused.304
A.
Injured party
244. The Court reiterates that, in the terms of Article 63(1) of the Convention, any
individual who has been declared a victim of a violation of any right established in this
instrument is considered an injured party. Therefore, this Court considers the persons
referred to in Annex A as the “injured party” and, as victims of the violations declared in this
Judgment, they will be considered beneficiaries of the reparations ordered by the Court.
B.
Obligation to investigate the facts and identify, prosecute and, as applicable,
punish those responsible
1.
Re-opening of
responsibilities
the
investigation
and
determination
of
individual
245. The Commission asked the Court to order the State to carry out an investigation in
the ordinary jurisdiction, and to conduct this investigations impartially and effectively, and
within a reasonable time, in order to clarify the facts fully, identify the masterminds and
perpetrators, and impose the corresponding sanctions.” In addition, the Commission asked
that the State be required to order the relevant disciplinary, administrative, or criminal
measures to respond to the acts or omissions of the State officials that contributed to the
denial of justice and the impunity of the facts of this case, and to establish a mechanism
301
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 25 to 27, and Case of
the Rio Negro Massacres v. Guatemala, supra, para. 246.
302
Cf. Case of Ticona Estrada v. Bolivia. Merits, reparations and costs. Judgment of November 27, 2008.
Series C No. 191, para. 110, and Case of the Rio Negro Massacres v. Guatemala, supra, para. 247.
303
Cf. Case of the Las Dos Erres Massacre v. Guatemala, supra, para. 226, and Case of the Rio Negro
Massacres v. Guatemala, supra, para. 272.
304
Cf. Case of the Las Dos Erres Massacre v. Guatemala, supra, para. 226, and Case of the Rio Negro
Massacres v. Guatemala, supra, para. 248.
65
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