60
his successors, and they must be coherent with the violations stated in the
Judgment.122
182. The reparation of the damage caused by a violation of an international
obligation requires, whenever possible, full restitution (restitutio in integrum), which
consists in the restoring the situation that existed before the violation occurred. When
this is not possible, as in the majority of the cases, among those the present case, the
international court will determine the measures to guarantee the rights violated, repair
that the consequences caused by the infractions, and establish payment of an
indemnity as compensation for the harm caused.123 It is necessary to add measures of
a positive nature that the State must adopt in order to ensure that detrimental acts
like those of the present case do not occur again.124
A)
183.
BENEFICIARIES
Arguments of the Commission:
The right of reparation in the terms of Article 63(1) of the Convention vests in
Alfredo López Álvarez and his next of kin.
184.
Arguments of the representatives:
The State must repair Mr. Alfredo López Álvarez for the violation of Articles 5,
7, 8, 13, 16, 17, 24, and 25 of the American Convention in relation with Article
1(1) of the Convention, as well as for non-compliance of Article 2 of the same,
and the following members of his family for violation of Articles 5(1) and 5(2) of
the American Convention: Teresa Reyes Reyes, partner; Alfa Barauda López
Reyes, Suamein Alfred López Reyes, Gustavo Narciso López Reyes, José Álvarez
Martínez, Alfred Omaly López Suazo, Deikel Yanell López Suazo, Joseph López
Harolstohn, and Iris Tatiana López Bermúdez, his children, and José Jaime
Reyes Reyes and María Marcelina Reyes Reyes, children of his partner Teresa
Reyes Reyes and adopted by Mr. López Álvarez; Apolonia Álvarez Aranda and
Catarino López, his parents, and Alba Luz García Álvarez, Mirna Suyapa García
Álvarez, Rina Maribel García Álvarez, Marcia Migdali García Álvarez, and Joel
Enrique García Álvarez, his siblings.
185.
Arguments of the State:
It did not refer to the persons entitled to reparations.
Considerations of the Court
186. The Court considers Mr. Alfredo López Álvarez as the “injured party” in his
nature of victim of the violations of the rights enshrined in Articles 5, 7, 8, 13, 24, and
25 of the American Convention, in relation to Article 1(1) of this instrument, reason for
122
Cf. Case of Blanco-Romero et al., supra note 7, para. 67; Case of García-Asto and Ramírez-Rojas,
supra note 7, para. 246, and Case of Gómez-Palomino, supra note 7, para. 112.
123
Cf. Case of Blanco-Romero et al., supra note 7, para. 69; Case of García-Asto and Ramírez-Rojas,
supra note 7, para. 248, and Case of Palamara-Iribarne, supra note 15, para. 234.
124
Cf. Case of Blanco-Romero et al., supra note 7, para. 69; Case of García-Asto and Ramírez-Rojas,
supra note 7, para. 248, and Case of Palamara-Iribarne, supra note 15, para. 234.
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