mother, brothers, and sister) of Luis Eduardo Casierra Quiñonez have been subject to profound
suffering and anguish, harming their mental and moral integrity, as a consequence of the
death of their loved one, to which is added the lack of clarification of what happened, extending
over more than two decades.
166. It should be noted that the State's allegations, which were centered on the actions of
the military to transfer the wounded to a hospital on the day of the events and on the alleged
efforts to "repair the damage," do not rule out or undermine, in any way, the effects caused
to the next of kin of Luis Eduardo Casierra Quiñonez as a result of his death in the context of
the excessive use of lethal force by agents of security forces and the lack of an adequate
response by the justice system since the day of the events and up to the present day.
167. Consequently, the Court finds that the State violated the right to humane treatment
recognized in Article 5(1) of the American Convention, in relation to Article 1(1) of the same
instrument, to the detriment of the following next of kin of Luis Eduardo Casierra Quiñones:
a) María Ingracia Quiñonez Bone, mother; b) Cipriano Casierra Panezo, father; c) Sebastián
Darlin, Andrés Alejandro and Jonny Jacinto, surnamed Casierra Quiñones, brothers, and d)
Shirley Lourdes Quiñonez Bone, sister.
IX
REPARATIONS
168. Based on Article 63(1) of the American Convention, the Court has indicated that any
violation of an international obligation that has caused damage entails the duty to adequately
remedy it, and that this provision includes a customary norm that constitutes one of the principles
of contemporary International Law in relation to a State's responsibility.143
169. In this regard, repairing the damage caused by the breach of an international obligation
requires, whenever possible, full restitution (restitutio in integrum), which consists of
reestablishing the previously existing situation. If this is not feasible, the Court will determine
measures to guarantee the violated rights and repair the consequences that the offenses
produced.144 To this effect, the Court finds it necessary to grant various measures of reparation,
in order to comprehensively compensate the damage. As a result, in addition to pecuniary
compensation, the measures of restitution, rehabilitation, satisfaction, and guarantees of nonrepetition are especially relevant for the damage caused.145 Likewise, this Court has established
that the reparations must have a causal link with the facts of the case, the declared violations,
the proven damages, as well as the measures requested to repair the respective damages.146
170. Consequently, based on the violations declared in this Judgment, the Court will proceed to
analyze the claims presented by the Commission and the representatives, as well as the State's
arguments.
A. Injured party
171. Pursuant to Article 63(1) of the American Convention, this Court considers the injured
party to be anyone who has been declared a victim of the violation of any right in this
Cf. Case of Velásquez-Rodríguez v. Honduras Reparations and Costs. Judgment of July 21, 1989. Series C No.
7, para. 25, and Case of Digna Ochoa and Family Members v. Mexico, supra, para. 150.
144
Cf. Case of Velásquez-Rodríguez v. Honduras Reparations and Costs, 1999 . supra, para. 65, and Case of
Digna Ochoa and Family Members v. Mexico, supra, para. 151.
145
Cf. Case of the “Las Dos Erres” Massacre v. Guatemala. Preliminary Objection, Merits, Reparations and Costs.
Judgment of November 24, 2009. Series C No. 211, para. 226, and Case of Digna Ochoa and Family Members v.
Mexico, supra, para. 151.
146
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, Reparations and Costs. Judgment of November 27, 2008.
Series C No. 191, and the Case of Digna Ochoa and Family Members v. Mexico, supra, para. 152.
143
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