77
Convention, in relation to Article 1(1) thereof, to the detriment of Albertina VianaLopes, Irene Ximenes-Lopes-Miranda, Francisco Leopoldino Lopes and Cosme
Ximenes-Lopes; and the violation of Articles 8(1) and 25(1) of the Convention, in
relation to Article 1(1) of said Convention, to the detriment of Albertina Viana-Lopes
and Irene Ximenes-Lopes-Miranda. The Court has held, on several occasions, that
any violation of an international obligation resulting in harm carries with it an
obligation to provide adequate reparations.144 To that end, Article 63(1) of the
American Convention provides 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] 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 remedied and that fair compensation be paid to the party harmed.
208. As pointed out by the Court, Article 63(1) of the American Convention
enshrines a customary rule that is at the basis of contemporary International Law
concerning the liability of States. Thus, upon the occurrence of an internationally
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.145 Such international liability is of a different kind than that in the
domestic law.146
209. The reparation of the damage caused by the violation of an international
obligation involves, whenever possible, full compensation ( restitutio in integrum), which
consists of the restoration to the original condition existing prior to the violation. 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 for
the consequences of the infringements and shall determine a compensation for the
damage caused147 or other kind of relief. The obligation to provide reparations, which
is governed in every aspect (i.e., scope, nature, form and determination of the
beneficiaries) by international Law, must not be altered or breached by the
respondent on the basis of its domestic law.148
210. Reparations, as the term suggests, are those measures necessary to
eliminate the effects of the violations committed. The nature and amount of the
reparations depend on the pecuniary and non-pecuniary damage caused.
144
Cf. Case of Baldeón-García, supra note 4, para. 174; Case of Sawhoyamaxa Indigenous
Community, supra note 4, para. 195; and Case of Acevedo Jaramillo et al, supra note 4, para. 294.
145
Cf. Case of Baldeón-García, supra note 4, para. 175; Case of Sawhoyamaxa Indigenous
Community, supra note 4 para. 196; and Case of Acevedo Jaramillo et al., supra note 4, para. 295.
146
Cf. Case of Mapiripán Massacre, supra note 21, para. 211; Case of Serrano Cruz Sisters, supra
note 138, para. 56; Case of Gómez Paquiyauri Case, supra note 108, para. 73; and Case of Cesti Hurtado.
Preliminary Exceptions. Judgment of January 26, 1999. Series C No. 49, para. 47.
147
Cf. Case of Baldeón-García, supra note 4, para. 176; Case of Sawhoyamaxa Indigenous
Community, supra note 4 para. 197; and Case of Acevedo- Jaramillo et al., supra note 4, para. 296.
148
Cf. Case of Baldeón-García, supra note 4, para. 176; Case of Sawhoyamaxa Indigenous
Community, supra note 4 para. 197; and Case of Acevedo Jaramillo et al., supra note 4, para. 296.