5
requirements of a reparation that extends beyond compensation or monetary redress, the
general knowledge of the violations committed. In this sense, it has a more pronounced
social, historical, moral, and pedagogic nature than other expressions of public justice.
21.
To sum up, this is a sui generis form of justice that takes on the political and moral
values of a given society and goes over the relations between political power and human
beings. This is the reason why the hearings held by the Inter-American Court and the
judgments rendered by it address issues that are formally not the subject-matter of the
dispute but which nevertheless affect society as a whole and have to do with the duties
created by the system of human rights protection, of which the Inter-American jurisdiction
is a part. Fortunately, these particularities of human rights justice have been properly
understood by the parties to the proceedings, and this allows cases to proceed subject to
their distinctive features, which might be unnecessary or even inadmissible in other
jurisdictions.
ASSESSMENT OF THE SERIOUSNESS OF THE FACTS
22.
The existence of very serious violations, in a context that is specifically injurious to
the human rights of a large group of people, or of vulnerable individuals that would require
special guarantees by the State, supports the Court’s ruling on reparations. It is here that
the Court’s assessment of the significance and egregious nature of the violations and the
nature and amount, if appropriate, of the reparations is expressed. Sometimes reference is
made to the “aggravated liability” of the State when dealing with a series of violations that
are particularly reprehensible. Strictly speaking, actually, there is no “aggravated liability”
but facts that engage the State’s international responsibility and the seriousness of which
warrants more serious consequences.
23.
I have previously stated that liability –the capacity or duty to be answerable for
certain facts, conduct, duties or guarantees— is a relationship between the holder of a right
and the facts and conduct, viewed in the light of a given legal classification and specified
legal consequences. Therefore, this is a formal concept that creates a link between the
responsible party, the conduct for which such liability applies and the consequences flowing
from the whole matter. Accordingly, liability in and of itself is neither aggravated nor
mitigated. The serious or minor nature pertains to the facts and, therefore, influences the
greater or lesser harshness of the reaction allowed by the legal system. The use of such
expression may nevertheless be illustrative of the court’s disapproval of the wrongful
conduct.
REPARATIONS AND ACKNOWLEDGEMENT OF LIABILITY
24.
The case law of the Inter-American Court has been particularly dynamic and highly
evolving on the subject of reparations. The development of Inter-American case law on this
subject becomes obvious when reflecting upon the distance between a reparations scheme
revolving around monetary compensation –which is most certainly indispensable and
relevant—and another one which, in addition to compensation, makes provision for broadscope measures aimed at securing moral satisfaction for the victims and preventing new
violations: for instance, through constitutional reforms, the enactment of laws, the repealing
of general-scope provisions, the annulment of proceedings and judgments, political or
judicial reforms, and so on. All of this applies to the entire public structure and concerns
society as a whole, in addition to benefiting a given person or group of persons whose
legitimate interests and proven rights are sought to be enforced.
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