representative of the next of kin of the victims before the Court, for which it has
incurred a number of expenses.
VII
OBLIGATION TO REDRESS
36.
In its December 6, 2001 Judgment, the Court found Colombia to be
responsible for the death of an unknown person, given the name N.N./Moisés in this
case, in violation of Article 4 of the Convention. It also found that Colombia
breached Articles 8(1) and 25(1) of the Convention, which regulate the right to fair
trial and to judicial protection, to the detriment of the next of kin of Artemio Pantoja
Ordóñez, Hernán Javier Cuarán Muchavisoy, Julio Milciades Cerón Gómez, Willian
Hamilton Cerón Rojas, Edebraes Norverto Cerón Rojas, NN/Moisés, and Hernán
Lizcano Jacanamijoy. The aforementioned judgment also ordered the reparations
stage to be opened.
37.
Pursuant to Article 63(1) of the American Convention, when the Court has
found that one of its provisions has been breached, it must order “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.” This
article reflects an unwritten law that is one of the fundamental principles of
international law.77
Commission and the Court in Las Palmeras Case regarding the death of Hernán Lizcano Jacanamijoy;
power of attorney granted on February 18, 1999 by María Córdula Mora Jacanamijoy (on her own behalf
and on that of Víctor Hugo Mora Jacanamijoy, Humberto Lizcano Jacanamijoy, and Johana Carolina
Lizcano Sigindioy) in favor of Carlos Rodríguez Mejía, member of The Colombian Commission of Jurists, as
representatives before the Commission and the Court in Las Palmeras Case regarding the death of Hernán
Lizcano Jacanamijoy; power of attorney granted on December 8, 1993 and May 6, 2002 by María Adelina
López (on her own behalf and on that of her children Carmen Lidia, Carmen Leonor, Aura Esperanza,
Miriam Lucy, Adalí Oneida, Ramiro Artemio, and Jaime, all of them Pantoja López) in favor of Gustavo
Gallón Giraldo, member of The Colombian Commission of Jurists, as representatives before the
Commission in Las Palmeras Case regarding the death of Artemio Pantoja Ordóñez; power of attorney
granted on February 15, 1999 by Claudina Muchavisoy de Cuarán (on her own behalf and on that of her
husband José Daniel Cuarán and her children Luis Alberto Dávila Muchavisoy, Rosa Alba, Doris Silvia, José
Remigio, Pablo Isidoro, Carmen Cecilia, Blanca Oliva, Umberto Enrique, Ana Baldamina, Jorge Franclin,
and Daniel Antonio, all of them Cuarán Muchavisoy) in favor of Gustavo Gallón Giraldo, member of The
Colombian Commission of Jurists, as representatives before the Commission and the Court in Las
Palmeras Case regarding the death of Hernán Javier Cuarán Muchavisoy; power of attorney granted on
February 25, 2002 by Amanda Anacona as a proxy for Diana Vanessa Cuarán Anacona in favor of The
Colombian Commission of Jurists and the Center for Justice and International Law, as representatives
before the Commission and the Court in Las Palmeras Case regarding the death of Hernán Cuarán
Muchavisoy; power of attorney granted on May 27, 2002 by Blanca Elina, María Bertilda, María del
Carmen, Faustina, and Luis Edmundo, all of them Pantoja Ordóñez, in favor of The Colombian Commission
of Jurists and the Center for Justice and International Law as representatives before the Commission and
the Court in Las Palmeras Case regarding the death of Artemio Pantoja Ordóñez; power of attorney
granted on May 27, 2002 by Bertilda Heroína, Luis Nectario, Dolores Celina, Adela Nilda, Digna Reinelda,
Rosa Evila, Segundo Ulpiano, and Manuel Esteban, all of them Cerón Gómez, in favor of The Colombian
Commission of Jurists and the Center for Justice and International Law as representatives before the
Commission and the Court in Las Palmeras Case regarding the death of Julio Milciades Cerón Gómez,
Willian Hamilton Cerón Rojas, and Edebraes Norberto Cerón Rojas; power of attorney granted on May 3,
2002 by Yaneida Violeta Cerón Vargas in favor of The Colombian Commission of Jurists as representatives
before the Court in Las Palmeras Case regarding the death of Julio Milciades Cerón Gómez; and
documents backing expenses of the Colombian Commission of Jurists submitted by the representatives of
the next of kin of the victims, included in the evidence file of the reparations phase of Las Palmeras Case,
at the Secretariat of the Court, sheets 376 to 448 and 455 to 1727.
77
Cf. Suárez Rosero Case. Reparations (Art.63(1) of the American Convention on Human Rights).
January 20, 1999 Judgment. Series C No 44, para. 40; Castillo Páez Case. Reparations, supra note 3,
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