However, the State did not specifically indicate how the victims were repaired for those events. The
State only alluded to the fact that, in the decision of October 16, 2008 that acquitted Gerardo
Tzompaxtle Tecpile, Jorge Marcial Tzompaxtle Tecpile and Gustavo Robles López, of the OPP’s charge,
the “judge reversed the violation found in the lower court” (supra para. 71). Thus, it cannot be
concluded that the State repaired the violations of the right to privacy of Gerardo Tzompaxtle Tecpil
and Jorge Marcial Tzompaxtle Tecpile and that the principle of complementarity should be applied to
the events relating to the aforementioned searches. Therefore, the State is responsible for the
infringement of the right to privacy, contained in Article 11(2) of the Convention, in relation to the
obligation of respect contained in Article 1(1) therein, to the detriment of Gerardo Tzompaxtle Tecpile
and Jorge Marcial Tzompaxtle Tecpile for the searches of the house of their mother and the shop that
housed the family business.
IX.
REPARATIONS 149
196. 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. 150
197. 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 the measures to ensure the infringed rights and to redress the consequences of the
violations. 151 Therefore, the Court has considered the need to provide different types of reparation
that would fully redress the damages in a way that, in addition to pecuniary compensation, other
measures such as restitution, rehabilitation, satisfaction and guarantees of non-repetition would have
a special relevance for the damage caused. 152
198. The Court has also established that reparations must have a causal connection with the facts
of the case, the alleged violations, the proven damages and the measures requested for the redress
of the resulting damages. The Court will, therefore, analyze such concurrence to rule properly and
according to law. 153
199. Therefore, in view of the considerations expressed on the merits and on the violations of the
Convention declared in this judgment, as well as in light of the criteria established in its case law on
the nature and scope of the obligation to repair, the Court shall now proceed to analyze the claims
presented by the Commission and the representatives, as well as the observations of the State, in
order to order the measures to redress the damage caused. 154
200. The Court reiterates that, during the proceedings before the Commission, the representatives
and the State signed a Memorandum of Understanding, which was not endorsed by the Commission
149
Application of Article 63(1) of the American Convention.
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989. Series C No. 7,
paras. 24 and 25 and Case of Deras García et al. v. Honduras, supra, para. 90.
150
151
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, supra, para. 24 and Case of Deras García et al.
v. Honduras, supra, para. 91.
Cf. Case of the Las Dos Erres Massacre v. Guatemala. Preliminary Objection, Merits, Reparations and Costs. Judgment
of November 24, 2009. Series C No. 211, para. 226 and Case of Deras García et al. v. Honduras, supra, para. 91.
152
153
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 Deras García et al. v. Honduras, supra, para. 92.
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, supra, paras. 25 and 26 and Case of Deras
García et al. v. Honduras, supra, para. 93.
154
45