60
OBLIGATION TO REPAIR
122. This Court has held that it is a principle of International Law that any violation
of an obligation of this nature attributable to a State carries with it an obligation to
adequately repair the damage caused and to put an end to the consequences of said
According to Article 63(1) of the American Convention, which
violation.102
constitutes a rule of customary law that enshrines one of the fundamental principles
on contemporary international law on state responsibility,
[i]f the Court finds that there has been a violation of a right or freedom protected by this
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.
123. The reparation of the damage caused by a violation of an international
obligation requires, whenever possible, full restitution (restitutio in integrum), which
consists in the restoring the situation that existed before the violation occurred.
When this is not possible, as in the majority of the cases, among them the present
one, it is the task of the Tribunal to order the adoption of a series of measures that,
besides guaranteeing respect for the rights violated, will ensure that the damage
resulting from the infractions is repaired, as well as establish payment of an
indemnity as compensation for the harm caused.103 It is necessary to add measures
of a positive nature that the State must adopt in order to ensure that detrimental
acts like those of the present case do not occur again.104 The obligation to repair,
which is regulated in all its aspects by international law, cannot be altered or eluded
by the State’s invocation of its domestic law.105
124. The nature and amount of the reparations depend on the nature of the
violations committed and the harm caused at both pecuniary and non-pecuniary
levels. They must be coherent with the violations stated. They cannot entail either
enrichment or impoverishment of the victim or his or her family.106
125.
Arguments of the Commission
In regard to the beneficiaries
a) Mr. Fermín Ramírez is the beneficiary of the reparations.
In regard to the pecuniary damage
102
Cfr. Case of Caesar, supra note 3, para. 120; Case of Huilca Tecse. Judgment of March 3, 2005.
Series C No. 121, para 86; and Case of the Serrano Cruz Sisters, supra note 3, para. 133.
103
Cfr. Case of Caesar, supra note 3, para. 122; Case of Huilca Tecse, supra note 102, para. 88;
and Case of the Serrano Cruz Sisters, supra note 3, para. 134.
104
Cfr. Case of the Serrano Cruz Sisters, supra note 3, para. 135; Case of the Cruz Flores, supra
note 91, para. 140; and Case of “Juvenile Reeducation Institute”, supra note 8, para. 260.
105
Cfr. Case of Caesar, supra note 3, para. 122; Case of Huilca Tecse, supra note 102, para. 88;
and Case of the Serrano Cruz Sisters, supra note 3, para. 135.
106
Cfr. Case of Caesar, supra note 3, para. 123; Case of Huilca Tecse, supra note 102, para. 89;
and Case of the Serrano Cruz Sisters, supra note 3, para. 136.
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