73
C. Conclusion
281. In consideration of the State's partial acknowledgment of its international
responsibility, the Court considers that the State is responsible for the violation of the rights
to personal integrity and protection of the family enshrined in Articles 5 and 17 of the American
Convention, in in relation to Article 1(1) thereof, to the detriment of the next of kin of Messrs.
Omeara Carrascal, Omeara Miraval and Álvarez Sánchez, namely: Luis Enrique Omeara
Miraval, Aura Isabel Omeara Miraval, Noel Emiro Omeara Miraval, Araminta Omeara Miraval,
Ricaurte Omeara Miraval, Eduardo Omeara Miraval, Zoila Rosa Omeara Miraval, Liliana Patricia
Omeara Miraval, María Omeara Miraval, Carmen Teresa Omeara Miraval, Jaime Antonio
Omeara Miraval, Elva María Solano de Álvarez, Judith Álvarez Solano, Miguel Ángel Álvarez
Solano, Héctor Manuel Álvarez Solano, Clemencia Patricia Álvarez Solano, Juan Carlos Álvarez
Solano, Ana Edith Álvarez de García, and Fabiola Álvarez Solano, as well as the violation of
the rights of the child enshrined in Article 19 of the Convention, to the detriment of the then
minors, Elba Katherine Omeara Álvarez, Manuel Guillermo Omeara Álvarez and Claudia
Marcela Omeara Álvarez.
282. The Court also considers that Colombia is responsible for the violation of the right of
movement and residence enshrined in Article 22(1) of the American Convention, in relation to
Article 1(1) of the Convention, to the detriment of Carmen Teresa Omeara Miraval, Fabiola
Álvarez Solano and her three children, Elba Katherine Omeara Álvarez, Manuel Guillermo
Omeara Álvarez and Claudia Marcela Omeara Álvarez, as well as in relation to the rights of
the child, protected in Article 19 of the Convention, to the detriment of the victims who were
children at the time events occurred.
283. In addition, this Court considers that the State is not responsible for the violation of
personal integrity enshrined in Article 5 of the Convention, in relation to Article 1(1) of the
same instrument, to the detriment of Carmen Teresa Omeara Miraval, due to alleged threats
she suffered.
284. Finally, the State is not responsible for the violation of the right to protection of privacy
enshrined in Article 11(2) of the treaty, in relation to Article 1(1) of the same instrument, to
the detriment of the victims’ next of kin.
IX
REPARATIONS
(Application of Article 63(1) of the American Convention)
285. Pursuant to the provisions of Article 63(1) of the American Convention307, the Court
holds that every violation of an international obligation which results in harm creates a duty to
make adequate reparation, and that this provision reflects a customary norm that constitutes
one of the fundamental principles of contemporary international law on State responsibility.308
Reparation of the harm caused by the violation of an international obligation requires, insofar
as possible, full restitution (restitutio in integrum), which consists in the restoration of the
previous situation. If this is not possible, as in most cases of human rights violations, the Court
Article 63(1) of the American Convention establishes that: “[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.”
308
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989. Series C No. 7,
para. 25, and Case of López Soto et al. v. Venezuela, supra, para. 268.
307