77
when an illicit fact occurs that is attributable to a State, there immediately arises an
international responsibility of that State due to the violation of an international rule,
with the consequent duty to redress and to make cease the consequences of the
violation.182
77. Reparation of the damage caused by violation of an international obligation
requires, whenever possible, full restitution (restitutio in integrum), which involves
the reestablishment of the previous situation. If this is not possible, as in the instant
case, the international court must order a set of measures to, in addition to ensuring
the rights infringed, redress the consequences of the breaches, as well as to decide
on payment of indemnification as compensation for the damage caused.183 This
obligation to make reparations is regulated, in all its aspects (scope, nature, modes,
and determination of beneficiaries) by international law, and cannot be modified by
the respondent State nor can it fail to comply with it, invoking to this end provisions
of its domestic law.184
78.
As their name indicates, reparations are measures that tend to eliminate the
effects of violations that were committed. Their nature and amount depend on the
damage caused at both the pecuniary and non-pecuniary level. Reparations cannot
involve enrichment nor impoverishment of the victim or his heirs.185 In this regard,
reparations established in this Judgment must be consistent with the violations found
in the judgment on the merits.
VIII
REPARATIONS
79.
In operative paragraph four of the November 11, 1999 judgment on the
merits, the Court decided to open the reparations and legal costs stage in the instant
case. In this judgment the Court will establish, pursuant to Article 63(1) of the
American Convention, with the probatory elements gathered during the various
stages of the proceedings and in light of criteria set forth in its case law, the
reparations that must be made by the Venezuelan State.
A) Pecuniary Damage
Arguments of the representatives of the victims and of the next of kin
80.
As regards compensation for pecuniary damage, the representatives of the
victims and of the next of kin argued as follows:
182
Cf. Hilaire, Constantine and Benjamin et al. Case, supra note 2, para. 202; Trujillo Oroza Case.
Reparations, supra note 2, para. 60; and Bámaca Velásquez Case. Reparations, supra note 2, para. 38.
183
Cf. Hilaire, Constantine and Benjamin et al. Case, supra note 2, para. 203; Trujillo Oroza Case.
Reparations, supra note 2, para. 61; and Bámaca Velásquez Case. Reparations, supra note 2, para. 39.
184
Cf. Hilaire, Constantine and Benjamin et al. Case, supra note 2, para. 203; Trujillo Oroza Case.
Reparations, supra note 2, para. 61; and Bámaca Velásquez Case. Reparations, supra note 2, para. 39.
185
Cf. Hilaire, Constantine and Benjamin et al. Case, supra note 2, para. 205; Trujillo Oroza Case.
Reparations, supra note 2, para. 63; and Bámaca Velásquez Case. Reparations, supra note 2, para. 41.