X
REPARATIONS
(APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION)
161. Under the provisions of Article 63(1) of the American Convention, 218 the Court has
indicated that any violation of an international obligation that may have resulted in damage
entails the obligation to make adequate reparation, and that this article reflects a customary
norm that constitutes one of the fundamental principles of contemporary international law
on State responsibility. 219
162. Based on the violations of the Convention declared in the preceding chapters, the
Court will proceed to analyze the claims submitted by the Commission and the
representative, in light of the criteria established in its case law in relation to the nature and
scope of the obligation to make reparation, in order to decide measures designed to redress
the damage caused to the victims. 220
163. Given that the Court has established that the reparations should have a causal nexus
with the facts of the case, the violations declared, the damage proved, and the measures
requested to redress the respective damage, it must observe that these factors co-exist in
order to rule appropriately and pursuant to law. 221
164. The Court has considered that it is necessary to grant different measures of
reparation in order to repair the damage integrally; thus, in this case, in addition to
pecuniary compensation, measures of rehabilitation and satisfaction, and guarantees of
non-repetition may be particularly relevant to the harm and suffering caused. 222
A.
Injured party
165. The Court reiterates that, under Article 63(1) of the Convention, anyone who has
been declared a victim of the violation of any rights established in the Convention shall be
considered an injured party. 223 Furthermore, the Court reiterates what it indicated in its
preceding considerations as regards the victims named in the Merits Report (supra para.
28). Consequently, this Court considers that Melba del Carmen Suárez Peralta and Melba
Peralta Mendoza are the “injured party” and, as victims of the violations declared in this
Judgment, they will be considered beneficiaries of the reparations ordered by the Court.
218
Article 63(1) of the Convention stipulates that “[i]f 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.”
219
Cf. Case of Velásquez Rodríguez. Reparations and costs. Judgment of July 21, 1989. Series C No. 7, para.
25, and Case of the Massacre of Santo Domingo, supra, para. 290.
220
Cf. Case of Velásquez Rodríguez. Reparations and costs, supra, paras. 25 to 27, and Case of García and
family members, supra, para. 191.
221
Case of Ticona Estrada v. Bolivia. Merits, reparations and costs. Judgment of November 27, 2008. Series C
No. 191, para. 110, and Case of the Massacre of Santo Domingo, supra, para. 291.
222
Cf. Case of the “Mapiripán Massacre,” supra, para. 294, and Case of the Massacre of Santo Domingo,
supra, para. 292.
223
Cf. Case of Bayarri v. Argentina. Preliminary objections, merits, reparations and costs. Judgment of
October 30, 2008. Series C No. 187, para. 126, and Case of Nadege Dorzema, supra, para. 244.
48
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