80
for violation of an international rule, with the attendant duty to redress and to make
the consequences of the violation cease.162
149. Redress of the harm caused by infringement of an international obligation
requires, whenever possible, full restitution (restitutio in integrum), which consists of
reestablishing the situation prior to the violation. If this is not possible, as in the
instant case, this international Court must order the adoption of a set of measures
that, in addition to ensuring respect for the rights abridged, will provide reparation
for the consequences caused by the infractions and payment of a compensation for
the harm caused in the pertinent case.163 The obligation to redress, which is
regulated in all its aspects (scope, nature, modes, and determination of
beneficiaries) by international law, cannot be modified by the State nor can it avoid
compliance with it by invoking domestic legal provisions.164
150. As regards the violation of the right to life and certain other rights (personal
liberty and the right to humane treatment, fair trial and judicial protection), if
restitutio in integrum is not possible and given the nature of the right infringed,
reparation is carried out, inter alia, according to the practice of international case
law, by means of fair pecuniary compensation when this is appropriate, to which it is
necessary to add the positive measures that the State must adopt to ensure that
injurious acts such as those of the instant case do not recur.165
XIV
BENEFICIARIES
151. The Court will now summarize the pleadings of the representatives of the
victim and of the Inter-American Commission on who should be considered
beneficiaries of the reparations ordered by the Court.
Pleadings of the representatives of the victim
152. The representatives of the victim argued in their brief with requests,
pleadings and evidence (supra 15) that the following persons should be considered
beneficiaries of the reparations ordered by the Court: Juan Humberto Sánchez, María
Dominga Sánchez (the mother), Juan José Vijil Hernández (the stepfather), Julio
Sánchez (brother), Reina Isabel Sánchez (sister), María Milagro Sánchez (sister),
Rosa Delia Sánchez (sister), Domitila Vijil Sánchez (sister), María Florinda Vijil
Sánchez (sister), Juan Carlos Vijil Sánchez (brother), Celio Vijil Sánchez (brother),
Donatila Argueta Sánchez (companion), Breidy Maybeli Sánchez (daughter) and
Norma Iveth Sánchez (daughter). In the brief with its final pleadings, they did not
include Julio Sánchez (brother) and, on the other hand, they included Velvia Lastenia
162
Cf. “Five Pensioners” Case, supra note 3, para. 174; Cantos Case, supra note 5, para. 67; Las
Palmeras Case, Reparations, supra note 4, para. 37; and El Caracazo Case, Reparations, supra note 4,
para. 76.
163
Cf. Las Palmeras Case, Reparations, supra note 4, para. 38; El Caracazo Case, Reparations, supra
note 4, para. 77; and Hilaire, Constantine and Benjamin et al. Case, supra note 4, para. 203.
164
Cf. Las Palmeras Case, Reparations, supra note 4, para. 38; El Caracazo Case, Reparations, supra
note 4, para. 77; and Hilaire, Constantine and Benjamin et al. Case, Judgment of June 21, 2002. Series C
No. 94, para. 203.
165
Cf. Las Palmeras Case, Reparations, supra note 4, para. 37; El Caracazo Case, Reparations, supra
note 4, para. 77; and Trujillo Oroza Case, Reparations, supra note 22, para. 62.
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