IX
REPARATIONS
124. On the basis of Article 63(1) of the Convention, the Court has indicated that any
violation of an international obligation that has caused harm entails the 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.101
125. Reparation for the harm caused by the infringement of an international obligation
requires, to the extent possible, full restitution (restitutio in integrum), which consists in the
restoration of the prior situation. If this is not possible, as occurs in most cases of human
rights violations, the Court will determine measures to guarantee the infringed rights and to
redress the consequences of the violations.102
126. International case law and, in particular, that of the Court have repeatedly established
that this judgment is, per se, a form of reparation.103 Nevertheless, in view of the
circumstances of this case and the harm that the violations caused to the victims, the Court
finds it pertinent to decree other measures.
A.
Injured Party
127. The Court reiterates that, pursuant to Article 63(1) of the Convention, it considers an
injured party to be anyone who has been declared a victim of a violation of a right recognized
in the Convention. Therefore, the Court considers as the injured parties the 184 persons
listed in Annex 1 of this judgment, who as victims of the violations declared in Chapters
VVV-1, VIII-2 and VIII-3 are the beneficiaries of the following orders of the Court.
B.
Prior considerations in the matter of reparations
B.1 Arguments of the parties and of the Commission
128. The Commission maintained that, in the area of reparations, this case should follow
what was resolved in Canales Huapaya et al. v. Peru and in Dismissed Congressional
Employees (Aguado Alfaro et al.) v. Peru. Therefore, it referred to the “the propriety of
directly establishing appropriate reparations in the context of its recommendations, without
resorting to mechanisms at the domestic level that might delay obtaining that reparation
even more.”
129. The representatives did not present arguments on this matter.
130. The State argued that the standards of reparation established in Dismissed
Congressional Employees (Aguado Alfaro et al.) v. Peru, in Canales Huapaya et al. v. Peru
and Dismissed Employees of Petroperú et al. v. Peru “had notable differences” with this
case. It pointed out that Special, Multisectoral and Executive Commissions were created in
the domestic order to evaluate the dismissals of the congressional employees. In addition,
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989. Series
C No. 7, para. 25 and Case of Deras García et al. v. Honduras, supra, para. 90.
101
Cf.. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, supra, para. 26 and Case of
Deras García et al. v. Honduras, supra, para. 91.
102
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 López et al. v. Argentina. Preliminary Objections, Merits, Reparations and
Costs. Judgment of November 25, 2019. Series C No. 396, para. 233.
103
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