21
disappearance of María and Josefa Tiu Tojín was part of a pattern of massive and
systematic violations to human rights committed during the internal armed conflict in
detriment of some groups or sectors of the population in Guatemala (supra paras. 48
and 49). As such, the forced disappearance of María and Josefa Tiu Tojín have
particular consequences with regard to the obligation to guarantee the human rights
protected under the American Convention (infra para. 91).
54.
In view of the previous considerations, based on the facts established (supra
paras. 40 to 51) and in the terms of the acknowledgment of international
responsibility made by the State, it is correct to state that the latter is responsible
for the violation of the rights enshrined in Articles 4(1), 5(1) and 5(2), 7(1), 7(2),
7(4), 7(5) and 7(6), 8(1), and 25(1) of the American Convention, in relation to
Article 1(1) of the same treaty and Article I of the Inter-American Convention on
Forced Disappearances, in detriment of María Tiu Tojín; for the violation of the rights
enshrined in Articles 4(1), 5(1) and 5(2), 7(1) and 7(2), 8(1), and 25(1) of the
American Convention, in relation to Articles 1(1) and 19 of the same treaty and
Article I of the Inter-American Convention on Forced Disappearances, in detriment of
the child Josefa Tiu Tojín; for the violation of the right foreseen in Article 5(1) of the
Convention in relation to Article 1(1) of the same, in detriment of Victoria Tiu Tojín,
sister and aunt of the victims, and for the violation of the rights enshrined in Articles
8(1) and 25(1) of the American Convention, in relation to Article 1(1) of the same, in
detriment of the next of kin of María and Josefa Tiu Tojín, specifically: Josefa Tiu
Imul, mother of María Tiu Tojín, Rosa Tiu Tojín, Pedro Tiu Tojín, Manuel Tiu Tojín,
and Juana Tiu Tojín, siblings of María Tiu Tojín. The State’s international
responsibility is considered aggravated, pursuant with that established in this chapter
(supra para. 53).
VII
REPARATIONS
(APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION)
55.
It is a principle of international law that any violation of an international
obligation that has caused damage entails the obligation to repair it adequately.71
The Court has adopted decisions in this regard based on Article 63(1) of the
American Convention.72
56.
Within the framework of the acknowledgment made by the State (supra
paras. 12, 14, and 16), the considerations on the acknowledgment of international
responsibility, and the violations to the American Convention declared in the previous
71
Cfr. Case of Velásquez Rodríguez. Reparations and Costs. Judgment of July 21, 1989. Series C
No. 7, para. 25; Case of Heliodoro Portugal v. Panamá, supra note 17, para. 217; and Case of Bayarri v.
Argentina, supra note 17, para. 119.
72
Article 63(1) of the Convention states that:
If 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.