292. Reparation of the harm caused by the violation of an international obligation requires,
whenever possible, full restitution (restitutio in integrum), which consists in re-establishment of the
previous situation. If this is not feasible, as in most cases of human rights violations, the Court will
determine measures to guarantee the violated rights and to repair the consequences of the
violations.422 Thus, the Court has considered the need to grant different measures of reparation in
order to redress the damage fully, so that, in addition to pecuniary compensation, measures of
restitution and satisfaction, and guarantees of non-repetition have special relevance for the harm
caused.423
293. Consequently, and without prejudice to any type of reparation that is subsequently agreed
between the State and the victims of the Santo Domingo massacre based on the violations of the
American Convention declared in this Judgment, the Court will proceed to order measures designed
to repair the harm caused. To this end, it will take into account the claims of the Commission and
the representatives, and also the arguments of the State, in light of the criteria established in the
Court’s case law in relation to the nature and scope of the obligation to make reparation.424
A.
Injured party
294. The Court considers as “injured party,” in keeping with Article 63(1) of the American
Convention, the persons indicated in paragraphs 247, 268 and 282 and in annexes I, II and III of
this Judgment, as victims of the violations declared herein, so that they will be considered
beneficiaries of the reparations ordered by the Court.425 Similarly, the Court has stated that the
presumed victims must be indicated in the merits report of the Inter-American Commission,426 and
observes that 24 individuals named by the representatives as next of kin of the victims, are not
included in the merits report issued by the Commission in this case. Nevertheless, of these 24
individuals, six family members of two of the deceased victims received reparation under the
contentious-administrative jurisdiction;427 thus it can be understood that the State acknowledged
them as victims. Consequently, the Court finds that it is not appropriate to consider as victims or
as injured party 18 of the persons presented as next of kin of victims by the representatives,428
without prejudice to the reparations that may correspond to them at the domestic level.
422
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, para. 26, and Case of the Río Negro
Massacres v. Guatemala, para. 248.
423
Cf. Case of the Mapiripán Massacre v. Colombia. Merits, reparations and costs, para. 294, and Case of the
Massacres of El Mozote and nearby places v. El Salvador, para. 305. See also, Case of Velásquez Rodríguez v. Honduras.
Reparations and costs, para. 26,
424
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, paras. 25 to 27 and Case of the Massacres of
El Mozote and nearby places v. El Salvador, para. 303.
425
The Court places on record that 23 of the 27 injured persons were recognized as such by the domestic courts, and
four in the military criminal investigation (not by the judges), based on information obtained from a town meeting. In
addition, two people mentioned in the decision of the Military Criminal Investigation Unit, specifically Ludo Vanegas and
Alcides Bonilla, are the same age, have no known next of kin, and also have a very similar name to two of the victims
identified in the other proceedings, namely: Ludwing Vanegas and Milciades Bonilla, so that they could be the same people.
426
Cf. Case of the Ituango Massacres v. Colombia, para. 98, and Case of Barbani Duarte et al. v. Uruguay. Merits
reparations and costs. Judgment of October 13, 2011. Series C No. 234, para. 42. See also, Case of Uzcátegui et al. v.
Venezuela, para. 243.
427
Namely, Oscar Andrey Galvis Mojica (son of Teresa Mojica Hernández and Mario Galvis Gelves), Albeiro Galvis
Mojica (son of Teresa Mojica Hernández and Mario Galvis Gelves), Norberto Arciniegas Calvo (brother of Arnulfo Arciniegas),
Argemiro Arciniegas Calvo (brother of Arnulfo Arciniegas), Orlando Arciniegas Calvo (brother of Arnulfo Arciniegas) and
Erlinda Arciniegas Calvo (sister of Arnulfo Arciniegas).
428
Luis Felipe Durán Mora, Luz Dary Tellez Durán, Yamile Tellez Durán, Wilmer Tellez Durán, Emilse Hernández
Durán, Milena Durán, Yeimi Sulai Hernández Mora, Mary Molina Panqueva, Moises Molina Panqueva, Genny Carolina Molina
Restrepo, Wilson García Reatiga, Wilson Enrique García Guevara, María Antonia Rojas, Elizabeth Daza Rojas, José Antonio
Daza Rojas, Wilson Daza Rojas, Javier Daza Rojas and Frady Alexi Leal Pacheco (the latter, even though he had recourse to
the contentious-administrative proceedings, did not receive compensation because he had not proved that he was the
brother of a victim, or a victim himself) (evidence file, tome 2, folios 787 and 792).
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