49
115. In accordance with the previous paragraphs, and in light of the full
acquiescence made by the State (supra para. 26), the Court declared that Venezuela
violated the rights acknowledged in Articles 4 and 5(1), 5(2), 5(4), 8(1) and 25 of
the American Convention and failed to comply with the obligations provided for in
Articles 1(1) and 2 thereof. The Court has determined, in several occasions,that all
violations of an international obligation which cause damage, purports the duty to
make adequate reparations.162 In this regard, Article 63(1) of the American
Convention sets forth that:
[i]f the Court finds that there has been a violation of a right or freedom protected by th[e]
Convention, the Court shall rule that the party harmed be ensured the enjoyment of his
right or freedom that was violated. It shall also rule, if appropriate, that the consequences
of the measure or situation that constituted the breach of such right or freedom be cured
and that fair compensation be paid to the injured party.
116. As stated by the Court in previous cases, Article 63(1) of the American
Convention codifies a rule of custom which is one of the fundamental principles of
contemporary International Law regarding the responsibility of States. This way,
upon the occurrence of a wrongful act attributable to a State, the international
liability of such State arises, with the consequent duty to make reparations and to
have the consequences of the violation remedied.163
117. The reparation of the damage caused by the infringement of an international
obligation requires, whenever possible, full restitution (restitutio in integrum), which
consists of the return to the state of affairs prior to the infringement. If this is not
feasible, the International Court shall determine the measures to be ordered to
protect the rights that were affected, as well as to make reparations of the
consequences the infringements brought about and shall determine a compensation
for the damage caused.164 It is necessary to add the positive measures that the State
must adopt to prevent repetition of the harmful events such as those that occurred
in the instant case.165 It is a principle of general International Law that the obligation
to make reparations, that covers all issues concerned (scope, nature, methods of
compliance and determination of beneficiaries) cannot be modified or unfulfilled by
the State alleging its domestic laws.166
118. Reparations are measures tending to eliminate the effects of the violations
committed. Their nature and amount depend on both the pecuniary and nonpecuniary damage caused. Such reparations shall not result in the victims or their
successors becoming richer or poorer.167
162
Cf.
Community,
163
Cf.
Community,
Case
supra
Case
supra
of Baldeón-García, supra note 3, para. 174; Case of Sawhoyamaxa Indigenous
note 120, para. 195 , and Case of Acevedo-Jaramillo et al., supra note 3, para. 294.
of Baldeón-García, supra note 3, para. 175; Case of Sawhoyamaxa Indigenous
note 120, para. 196, and Case of Acevedo-Jaramillo et al., supra note 3, para. 295.
164
Cf. Case of Baldeón-García, supra note 3, para. 176; Case of Sawhoyamaxa Indigenous
Community, supra note 120, para. 197, and Case of Acevedo-Jaramillo et al., supra note 3, para. 296.
165
Cf. Case of Baldeón-García, supra note 3, para. 176; Case of López-Álvarez, supra note 143,
para. 182, and Case of Blanco-Romero et al., supra note 3, para. 69.
166
Cf. Case of Baldeón-García, supra note 3, para. 175; Case of Sawhoyamaxa Indigenous
Community, supra note 120, para. 197, and Case of Acevedo-Jaramillo et al., supra note 3, para. 296.
167
Cf. Case of Baldeón-García, supra note 3, para. 177; Case of Sawhoyamaxa Indigenous
Community, supra note 120, para. 198, and Case of Acevedo-Jaramillo et al., supra note 3, para. 297.
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