223. The Court has established that reparations should have a causal nexus with the facts of
the case, the violations that have been declared, the harm proved, and the measures requested
to redress the respective harm. The Court must observe the concurrence of these elements to
rule appropriately and in accordance with law. 320
224. Taking into consideration the violations declared in the preceding chapters, the Court will
proceed to examine the claims submitted by the Commission and the representatives, together
with the arguments of the State, in light of the criteria established in its case law on the nature
and scope of the obligation to make reparation, 321 in order to establish measures aimed at
redressing the harm caused to the victims.
A. Injured party
225. The Court reiterates that, pursuant to Article 63(1) of the Convention, it considers that
those who have been declared victims of the violation of any right recognized therein to be the
injured party.322 Accordingly, the Court considers that Claudina Isabel Velásquez Paiz, Jorge
Rolando Velásquez Durán, Elsa Claudina Paiz Vidal and Pablo Andrés Velásquez Paiz are the
“injured parties” and, in their capacity as victims of the violations declared in Chapters VII.I,
VII.II and VII.III, they will be the beneficiaries of the measures that the Court establishes
below.
B. Obligation to investigate the facts that resulted in the violations and identify,
prosecute and punish, as appropriate, those responsible
226. The Commission asked that the State complete a prompt, immediate, serious and
impartial investigation to solve the murder of Claudina Isabel Velásquez Paiz and identify,
prosecute and, as appropriate, punish those responsible.
227. The representatives asked the Court to require the State: (a) to investigate the facts of
this case seriously, impartially and independently, using the competent organs, and within a
reasonable time; (b) to identify, prosecute and punish appropriately the individuals who took
part, either as masterminds or perpetrators, in the murder of Claudina Velásquez, and (c) to
investigate and apply the sanctions corresponding to the function-related offenses committed by
the public officials in charge of investigating the facts of this case.
228. The State asserted that all the investigative procedures conduced had been aimed at
identifying the person or persons responsible for the presumed victim’s death, so that, in the
near future, it hoped to achieve positive results. It reiterated that the investigation had been
continuous, opportune, immediate, serious and impartial from the time of the processing of the
crime scene and up until the present and that, regardless of the way in which the Commission
had assessed them, the investigation procedures were those that the State was able to conduct
with the means available, and they were diligent. The State also indicated that, even though the
procedures conducted at the time of the incident were not ideal, over the past decade it has
gradually overcome the deficiencies, taking a series of steps that, today, make the procedure for
the removal of corpses and gathering of evidence more standardized and orderly by the creation
of the National Institute of Forensic Science (INACIF) and its respective protocols. Lastly, it
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, reparations and costs. Judgment of November 27, 2008.
Series C No. 191, para. 110, and Case of López Lone et al. v. Honduras, supra, para. 288.
321
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 25 to 27, and Case of López
Lone et al. v. Honduras, supra, para. 289.
322
Cf. Case of the La Rochela Massacre v. Colombia. Merits, reparations and costs. Judgment of May 11, 2007. Series C
No. 163, para. 233, and Case of López Lone et al. v. Honduras, supra, para. 290.
320
76