74
will determine measures to guarantee the rights that have been violated and to redress the
consequences of those violations.309
286. This Court has also established that reparations must have a causal link with the facts
of the case, the alleged violations, the proven damages, as well as the measures requested to
repair the resulting damages. Therefore, the Court must observe such coincidence in order to
adjudge and declare according to law.310
287. Considering the violations declared in chapters VIII-1 to VIII-4 and the acknowledgements
of the State itself, the Court will proceed to examine the petitions presented by the Commission
and the representatives, as well as the arguments of the State, to in light of the criteria
established in the Court's case law in relation to the nature and scope of the obligation to make
reparations, in order to establish measures aimed at repairing the harm caused to the victims.311
288. International case law, and in particular that of the Court, has repeatedly established that
the judgment constitutes in itself a form of reparation.312 However, considering the circumstances
of this case and the suffering that the violations committed caused the victims, the Court deems
it pertinent to establish other measures.
A.
Injured Party313
289. This Court reiterates that it considers the injured party, pursuant to Article 63(1) of the
Convention, to be the victim of the violation of any right recognized therein. Therefore, this
Court considers as “injured party” Noel Emiro Omeara Carrascal, Manuel Guillermo Omeara
Miraval, Héctor Álvarez Sánchez, Carmen Teresa Omeara Miraval, Jaime Antonio Omeara
Miraval, 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, 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,
Fabiola Álvarez Solano, Elba Katherine Omeara Álvarez, Manuel Guillermo Omeara Álvarez, and
Claudia Marcela Omeara Álvarez, identified in paragraph 1 and the quote at the bottom of page
1, of this Judgment, who as victims of the violations declared in chapters VIII-1 to VIII-4 will
be beneficiaries of the following reparations ordered by the Court.
B.
Obligation to investigate
290. The Commission requested that the State be ordered to “[c]onduct a complete,
impartial, effective, and prompt investigation of the facts,” in order to clarify them and, “where
appropriate, punish the masterminds and perpetrators who took part in the events that led to”
the violations in this case. It also requested that the appropriate “administrative, disciplinary
Cf. Case of Velásquez Rodríguez v. Honduras. supra, paras. 25 and 26, and Case of López Soto et al. v. Venezuela,
supra, para. 269.
310
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, Reparations and Costs. Judgment of November 27, 2008. Series C
No. 191, para. 110, and Case of López Soto et al. v. Venezuela, supra, para. 270.
311
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, supra, paras. 25 to 27, and Case of López
Soto et al. v. Venezuela, supra, para. 271.
312
Cf. Case of Neira Alegría et al. v. Peru. Reparations and Costs. Judgment of September 19, 1996. Series C No.
29, para. 56, and Case of Terrones Silva et al. v. Peru, supra, para. 238.
313
The representatives also requested the inclusion of the following persons: José Miguel Omeara Miraval, Zoila
Miraval de Omeara, José Erminso Sepúlveda Saravia, Damaris Lanziano Lemus, Maryeny Sepúlveda Chinchilla,
Erminso Sepúlveda Lanziano, Jorge Mario Sepúlveda Lanziano, Carlos Alberto Sepúlveda Lanziano and Landi Fabiana
Sepúlveda Lanziano, who, as determined by the Court, were not considered victims in this case (supra para. 56).
Therefore, in this section the Court will not include the allusions made by the parties regarding these persons and the
related facts.
309