62
223. It is a principle of International Law that every violation of an international
obligation which results in harm creates a duty to make adequate reparation.242 This
obligation to redress is regulated by International Law in all aspects.243 In its
decisions, the Court has based itself on Article 63(1) of the American Convention.
224. Prior to examining the reparations claimed, the Court notes that during the
friendly settlement process, the State and the representatives signed several
agreements whereby the State undertook to make several reparations.244 In this
regard, in the instant case the State made specific claims regarding the reparations
that it had complied with. The representatives requested certain reparation measures
and referred to the steps, which the State had taken, in conformity with the
aforementioned agreements. Lastly, although the Commission requested the Court to
order the State several reparations, it did not expressly refer to what the
representatives and the State indicated.
A)
Injured party
225. The Court considers the “injured party,” in conformity with Article 63(1) of the
American Convention, those who have been declared victims of a violation of a right
contained therein. Consequently, the Court considers an “injured party” the 155
victims indicated in the Commission’s application, as well as in the following table,
who in their character as victims of the violations declared in chapters VIII, IX, and X
will be beneficiaries of what the Court orders below:
1
2
3
4
5
6
7
8
Ramiro Antonio Osorio Cristales
Salomé Armando Gómez Hernández
Baldomero Pineda Batres
Catalina Arana Pineda de Ruano
Francisca Morales Contreras
Tomasa Galicia González
Inocencio González
Santos Nicolás Montepeque Galicia
78
79
80
81
82
83
84
85
Gloria Marina Salazar Castillo
María Vicenta Moran Solís
María Luisa Corado
Hilario López Jiménez
Guillermina Ruano Barahona
Rosalina Castañeda Lima
Teodoro Jiménez Pernillo
Luz Flores
242
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989.
Series C No. 7, para. 25; Case of Garibaldi v. Brazil, supra note 23, para. 150, and Case of Dacosta
Cadogan v. Barbados, supra note 28, para. 94.
243
Cf. Case of Aloeboetoe et al v. Surinam. Merits. Judgment of December 4, 1991. Series C No. 11,
para. 44; Case of Garibaldi v. Brazil, supra note 23, para. 150, and Case of Dacosta Cadogan v. Barbados,
supra note 28, para. 94.
244
Friendly settlement agreement signed on April 1, 2000.The steps and/or measures include: a) to
make public, through a press conference, the recognition of state’s responsibility for the facts of the
massacre, and the President of the Republic will apologize to the survivors and next of kin of the victims,
and to the people of Guatemala; b) perform an investigation to identify and punish those responsible for
the massacre, both direct perpetrators and masterminds, as well as those responsible for the delay in
justice; and c) to make reparations in conformity with that agreed by the parties, taking into account the
principles established by the Inter-American Court, to the surviving victims and next of kin of the victims,
through collective reparations such as: restoring and completing the monument at the Municipal Cemetery
of Las Cruces according to the design presented by FAMDEGUA, as well as the construction and installation
of a three-meter cross with the corresponding plaque at the well of Las Dos Erres, and produce a
documentary for television, testimonial and educational in nature, approved by the parties involved,
containing a narration of the Las Dos Erres massacre, a description of the facts, mention of the victims,
and recognition of the institutional responsibility of the State in the human rights violations committed.
Additionally, the State committed to provide specialized or private medical care, for psychological
treatment of the surviving victims and next-of-kin of the victims who need it; establish a Commission for
Identifying and Locating the Victims and Next-of-Kin of the Las Dos Erres Massacre, and to make economic
compensation to the surviving victims and the next-of-kin already identified. The compensation will be
defined in agreement with the parties, and the definition of the economic compensation will be an integral
part of the agreement.
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