State, in a brief submitted to the Commission in February 2014, merely indicated that the judicial
archives contained no record of the filing of any civil action in relation to the facts of the case.148
154. The Court notes that, regarding the claims for compensation filed by Messrs. López Ortiz and
Ascázubi Albán, the Commission merely mentioned the claims without substantiating them with a
specific description of the facts, and neither did the presumed victims’ representative. Taking all the
foregoing into account, the Court does not have sufficient supporting evidence to establish the
supposed state responsibility for possible violations of the rights established in Articles 8(1) and
25(1) of the American Convention alleged by the Commission.
VIII
REPARATIONS
(Application of Article 63(1) of the American Convention149)
155. Based on the provisions of Article 63(1) of the Convention, the Court has indicated that any
violation of an international obligation that has caused harm entails the duty make adequate
reparation and that this provision reflects a customary norm that constitutes one of the fundamental
principles of contemporary international law on State responsibility. 150 The Court has also
established that the reparations should have a causal nexus to the facts of the case, the violations
that have been declared, the harm proved, and the measures requested to redress the respective
harm.151 Therefore, the Court must analyze the concurrence of these factors to rule appropriately
and in keeping with law.
156. Accordingly, based on the preceding considerations on the merits and the violations of the
Convention declared in this judgment, the Court will now examine the claims of the Commission
and the victims, together with the observations of the State, in light of the criteria established in its
case law concerning the nature and scope of the obligation to provide reparation, in order to
establish the measures addressed at redressing the harm caused. 152
A. Injured party
157. The Court reiterates that, pursuant to Article 63(1) of the American Convention, anyone who
has been declared a victim of the violation of any right recognized therein is considered an injured
party. Therefore, the Court considers that Jorge Humberto Villarroel Merino, Mario Romel Cevallos
Moreno, Jorge Enrique Coloma Gaibor, Fernando Marcelo López Ortiz, Leoncio Amílcar Ascázubi
Albán and Alfonso Patricio Vinueza Pánchez are 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. Consequently, the Court will not rule on the requests relating to the victims’ spouses and
children, because they are not victims in this case.
B. Measures of satisfaction
a)
Publication of the judgment
Cf. Communication 16363 of the Office of the Attorney General of the Republic of Ecuador of February 19, 2014
(evidence file, fs. 164 to 175).
148
149
Article 63(1) of the American Convention.
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C No. 7,
paras. 24 and 25, and Case of Grijalva Bueno v. Ecuador, para. 163.
150
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 Grijalva Bueno v. Ecuador, supra, para. 163.
151
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 25 and 26, and Case of Moya
Solís v. Peru. Preliminary objections, merits, reparations and costs. Judgment of June 3, 2021. Series C No. 425, para. 113.
152
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