91
Tibi was not under the obligation to demonstrate pre-existence or property of the
goods seized for them to be returned to him.
221. Therefore, the Court concludes that the State violated Article 21 of the
American Convention, in combination with Article 1(1) of that same Convention, to
the detriment of Daniel Tibi.
XIV
REPARATIONS
APPLICATION OF ARTICLE 63(1)
Obligation to provide reparations
222. Pursuant to what has been stated in foregoing chapters, the State is
responsible for violating Articles 5, 7, 8, 21 and 25 of the American Convention, all
of them in combination with Article 1(1) of said Convention, as well as for not
fulfilling the obligations set forth in Articles 1, 6 and 8 of the Inter-American
Convention against Torture, to the detriment of Daniel Tibi. The Court also found a
violation of Article 5(1) of the American Convention, in combination with Article 1(1)
of that same Convention, to the detriment of Beatrice Baruet, her daughters Sarah
Vachon and Jeanne Camila Vachon, Mrs. Baruet’s and Mr. Tibi’s daughter Lisianne
Judith Tibi, and Mr. Tibi’s son Valerian Edouard Tibi. Article 63(1) of the American
Convention sets forth that
[i]f the Court finds that there has been a violation of a right or freedom protected by
[the] 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.
223. This provision reflects a rule of customary law that is one of the fundamental
principles of contemporary International Law on the responsibility of the States.
When there is an unlawful act attributable to a State, this immediately gives rise to
the latter’s international responsibility for abridgment of the international provision,
with the entailing duty to make the consequences of the violation cease and to
provide reparation for damage caused.166
224. Reparation of the damage requires restitutio in integrum, whenever possible,
which consists of reestablishing the prior situation. If this is not possible, as in the
instant case, this international Court must order that measures be adopted to ensure
respect for the rights that were abridged, to avoid new violations, to remedy the
consequences of the violations, and to ensure payment of compensation for damage
caused.167 The State that is under this obligation cannot invoke domestic legal
provisions to modify or avoid complying with its obligations to make reparations,
166
See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 188; Case of the 19 Tradesmen,
supra note 9, para. 220; and Case of Molina Theissen . Reparations, supra note 9, para. 40.
167
See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 189; Case of the 19 Tradesmen,
supra note 9, para. 221; and Case of Molina Theissen . Reparations, supra note 9, para. 42.
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