the Court has declared that the civil sentence of the journalists Moya Chacón and
Parrales Chaves to pay damages violated the right to freedom of thought and expression
recognized in Article 13 of the American Convention, it considers that it is not necessary
to analyze the alleged violation of Article 8 of the American Convention.
VIII
REPARATIONS
94. 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 provision reflects a customary
norm that constitutes one of the fundamental principles of contemporary international
law on State responsibility. 126
95. The reparation of the harm caused by the violation of an international obligation
requires, whenever possible, full restitution (restitutio in integrum), which consists in
the re-establishment of the previous situation. If this is not feasible, as in most cases of
human rights violations, the Court will determine measures to guarantee the violated
rights and to redress the consequences of such violations. 127 Therefore, the Court has
considered the need to grant diverse measures of reparation in order to redress the
harm integrally; thus, in addition to pecuniary compensation, measures of restitution,
rehabilitation and satisfaction together with guarantees of non-repetition have special
relevance for the harm caused. 128
96. The Court has established that the reparations must have a causal nexus to the
facts of the case, the violations declared, the harm proved, and the measures requested
to redress the respective harm. Therefore, the Court must observe the concurrence of
these elements to rule appropriately and pursuant to law. 129
97. Taking into account the violations of the American Convention declared in the
preceding chapters in light of the criteria established in the Court’s case law in relation
to the nature and scope of the obligation to make reparation, 130 the Court will now
examine the claims presented by the Commission and the representatives, together with
the corresponding arguments of the State, in order to establish measures aimed at
redressing those violations.
A. Injured party
98.
The Court considers that, pursuant to Article 63(1) of the Convention, those who
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series
C No. 7, para. 25, and Case of Pavez Pavez v. Chile. Merits, reparations and costs. Judgment of February 4,
2022. Series C No. 449, para. 161.
126
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 25 and 2, and Case
of Pavez Pavez v. Chile, supra, para. 162.
127
Cf. Case of Las 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 Pavez Pavez v. Chile, supra, para.
162.
128
Cf. Case of Ticona Estrada v. Bolivia. Merits, reparations and costs. Judgment of November 27, 2008.
Series C No. 191, para. 110, and Case of Pavez Pavez v. Chile, supra, para. 163.
129
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 25 to 27, and Case
of Pavez Pavez v. Chile, supra, para. 164.
130
30