126. Based on the provisions of Article 63(1) of the American 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 provisions reflects a customary norm that
constitutes one of the fundamental principles of contemporary international law on State
responsibility.124 The Court has considered the need to grant diverse measures of reparation
in order to redress the harm integrally. Therefore, in addition to pecuniary compensation,
measures of restitution, rehabilitation and satisfaction together with guarantees of nonrepetition have special relevance for the harm caused. 125 In addition, this Court has
established that the reparations must have a causal nexus with the facts of the case, the
violations declared, the harm proved, and the measures requested to redress the respective
harm.126
127. Consequently, the Court will now analyze the claims presented by the Commission and
the victim as well as the arguments of the State.
A. Injured party
128. The Court considers that, pursuant to Article 63(1) of the Convention, the injured party
is anyone who has been declared a victim of the violation of any right recognized in this
international instrument. Therefore, the Court considers that Julio Casa Nina is the “injured
party.”
B. Measures of restitution
129. The Commission requested that the State “reinstate the victim in a similar position to
the one he served in, with the same remuneration, social benefits and a comparable rank to
the one he would be entitled to today had he not been removed. In the event that the victim
should not wish to be reinstated or there are objective reasons preventing this, the State must
pay the corresponding compensation, which is independent of the reparations relating to
pecuniary and non-pecuniary damage.”
130. Mr. Casa Nina requested that he be “reinstated as a [superior] or provincial or adjunct
prosecutor magistrate with all the prerogatives that would correspond to [him] today, and the
pension rights that correspond to [him] with recognition of all the rights, irrespective of the
pecuniary compensation or sanction.”
131. The State argued that the National Council of the Judiciary, now the National Board of
Justice, was not empowered to reinstate Mr. Casa Nina because the Board “only has
competence to appoint, ratify, dismiss and, eventually, to reinstate career magistrates; in
other words, those who obtained a post following a public competitive selection process and
entered the prosecutorial or judicial career,” which was not the situation in the instant case.
Similarly, neither can the Public Prosecution Service order the reinstatement of a non-career
provisional prosecutor because it does not have a vacant post given the temporary nature of
this designation. It added that the National Council of the Judiciary had appointed a career
official to the post of Provincial Deputy Criminal Prosecutor for Huamanga, Judicial District of
Ayacucho, on February 9, 2005, so that the post that the victim occupied at the time of the
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C No.
7, para. 25, and Case of Almeida v. Argentina. Merits, reparations and costs. Judgment of November 17, 2020. Series
C No. 416, para. 54.
124
Cf. Case of the Los 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 Almeida v. Argentina, supra, para. 55.
125
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 Almeida v. Argentina, supra, para. 56.
126
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