-56freedom 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.
Consequently, the Court will now consider the measures necessary to repair the damage
caused to Marcel Claude Reyes, Arturo Longton Guerrero and Sebastián Cox Urrejola,
owing to these violations of the Convention.
150. Article 63(1) of the American Convention 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.109
151. 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, the international
Court must determine measures to guarantee the violated rights, and repair the
consequences of the violations.110 It is necessary to add the measures of a positive
nature that the State must adopt to ensure that harmful facts such as those that
occurred in the instant case are not repeated.111 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) are regulated by international law.112
152. Reparations, as the word indicates, consist of measures tending to eliminate the
effects of the violations that have been committed. Thus, the reparations established
should be proportionate to the violations declared in the preceding chapters of this
judgment.113
153. In accordance with the probative elements gathered during the proceedings, and
in light of the above criteria, the Court will examine the claims submitted by the
Commission and the representative regarding reparations, costs and expenses in order to
determine the beneficiaries of the reparations and then order the pertinent measures of
reparation and costs and expenses.
A)
BENEFICIARIES
154. The Court has determined that the facts of the instant case constituted a violation
of Article 13 of the American Convention in relation to Articles 1(1) and 2 thereof, to the
109
Cf. Case of Montero Aranguren et al. (Detention Center of Catia). Judgment of July 5, 2006. Series C
No. 150, para. 116; Case of Ximenes Lopes, supra note 2, para. 208; and Case of the Ituango Massacres, supra
note 2, para. 346.
110
Cf. Case of Montero Aranguren et al. (Detention Center of Catia), supra note 109, para. 117; Case of
Ximenes Lopes, supra note 2, para. 209; and Case of The Ituango Massacres, supra note 2, para. 347.
111
Cf. Case of Montero Aranguren et al. (Detention Center of Catia), supra note 109, para. 117; Case of
Baldeón García, supra note 2, para. 176; and Case of López Álvarez, supra note 72, para. 182.
112
Cf. Case of Montero Aranguren et al. (Detention Center of Catia), supra note 109, para. 117; Case of
Ximenes Lopes, supra note 2, para. 209; and Case of the Ituango Massacres, supra note 2, para. 347.
113
Cf. Case of Baldeón García, supra note 2, para. 177; Case of Acevedo Jaramillo et al., supra note 93,
para. 297; and Case of López Álvarez, supra note 72, para. 181.