31
although the State failed to comply with Articles I(d) and III of the IACFDP, in
relation to Article 2 of the American Convention, such non-compliance was corrected
by the State.
IX
REPARATIONS
(APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION)
106.
It is a principle of International Law that any violation of an international
obligation that has caused damage entails the duty to provide adequate reparation.93
The Court has based its decisions on this particular subject pursuant to the
provisions of Article 63(1) of the American Convention.94
107. Within the framework of the acknowledgment made by the State (supra para.
11 to 15), in accordance with the above considerations on the merits and the
violations of the Convention declared to be such in the preceding chapters, as well as
in the light of the criteria embodied in the Court’s case- law in connection with the
nature and scope of the obligation to make reparations,95 the Court shall now
address the requests for reparations made by the Commission and the
representatives, as well as the State’s observations thereof, in order to adopt the
measures required to reparation the damage.
A)
Injured Party
108. The Tribunal recalls that an injured party is considered to be the victim of a
violation of some of the rights enshrined in the Convention. In this sense, the Court
considers that Renato Ticona Estrada, Honoria Estrada de Ticona, César Ticona
Olivares, Hugo Ticona, Rodo Ticona and Betzy Ticona are the "injured parties", in
their capacity of victims of the violations declared in the previous chapters, and
therefore, they shall be entitled to the reparations ordered by the Tribunal as
pecuniary and non-pecuniary damage.
B)
Compensation
109. The Court notes that in the cases of forced disappearance of people, it is
evident the pecuniary and non-pecuniary damage caused to the disappeared victim,
as well as his relatives. In this sense, before a serious and multiple violations such as
this, it is incidental that the disappeared person suffers from different physical, moral
and mental damages, as well as pecuniary damage. Moreover, the relatives of the
victim may experiment suffering, anguish and pecuniary damage, within the family
environment, as well as other kind of affections.
93
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989.
Series C Nº. 7, para. 25; Case of Heliodoro Portugal v. Panamá, supra note 13, para. 217; and Case of
Bayarri v. Argentina, supra note 16, para. 119.
94
Article 63(1) of the Convention provides that:
If the Court finds that there has been a violation of a right or freedom protected by [this] Convention, the
Court shall rule that the injured party 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 remedied and that fair compensation be paid to the injured party.
95
Cf. Case of Velásquez Rodríguez, supra note 93, para. 25 to 27; Case of Castañeda Gutman v.
Mexico, supra note 17 para. 215; and Case of Heliodoro Portugal v. Panamá, supra note 13, para. 218.