38.
Reparation of the damage caused by violation of an international obligation
requires, whenever possible, complete restitution (restitutio in integrum), which
generally consists of reestablishment of the previous situation. If this is not
possible, as in the instant case, the international court must determine the measures
required, in addition to ensuring the rights that were infringed, to repair the
consequences caused by the breaches, as well as to establish payment of
compensation for the damage caused.78 This obligation to provide reparation is
regulated, in all its aspects (scope, nature, manner, and determination of
beneficiaries) by international law, it cannot be modified by the State nor can it
refuse to comply by invoking domestic legal provisions.79
39.
Reparations, as their name suggests, are measures that tend to make the
effects of violations that were committed disappear. Their nature and amount
depend on the damage caused both on a pecuniary and on a non-pecuniary level.
Therefore, the reparations determined here are in connection with the violations
found in this Court’s December 6, 2001 judgment on the merits.
40.
Pursuant to the above, the Court will first determine the reparation due for
the death of N.N./Moisés.
41.
Secondly, the Court will analyze reparations due for infringements of Articles
8(1) and 25(1) of the Convention. In the instant case, the term “next of kin of the
victims” has been constantly used, and it is convenient to clarify its meaning. In
these proceedings, the six persons killed by government forces on January 23, 1991
in Las Palmeras are called “victims.” With respect to five of them, the Colombian
Courts already ordered compensation due to the victims and it was received by the
assignees or their next of kin. With respect to violation of Articles 8(1) and 25(1) of
the Convention, the persons entitled to the rights that were infringed are called “next
of kin of the victims” who, in this regard, do not act as assignees, but rather as
victims on their own behalf.
42.
During this reparations stage, new evidence has been supplied to expand the
ambit of infringement of Articles 8(1) and 25(1) of the Convention. The December
6, 2001 judgment on the merits already determined infringement of these provisions
and its limits; in the instant Judgment, the Court will limit itself to determining the
reparations due for the infringements committed.
VIII
REPARATIONS FOR LOSS OF LIVE
(Article 4 of the American Convention)
para. 50 and Garrido and Baigorria Case. Reparations (Art.63(1) of the American Convention on Human
Rights). August 27, 1998 Judgment. Series C No. 39, para. 40.
78
Cf. El Caracazo Case. Reparations, supra note 2, para. 77; Hilaire, Constantine and Benjamin et
al. Case, supra note 4, para. 203; Trujillo Oroza Case. Reparations, supra note 2, para. 61.
79
Cf. El Caracazo Case. Reparations, supra note 2, para. 77; Hilaire, Constantine and Benjamin et
al. Case, supra note 4, para. 203; Trujillo Oroza Case. Reparations, supra note 2, para. 61.
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