-110adequately.170 To this end, the Court has based on Article 63(1) of the American
Convention, according to which:
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.
295. Article 63(1) of the American Convention codifies a rule of customary law
which is one of the fundamental principles of contemporary international law on
State responsibility. Upon the occurrence of a wrongful act attributable to a State,
the international responsibility of such State arises, with the consequent duty to
make reparations and to have the consequences of the violation remedied.171
296. The reparation of the damage caused by the infringement of an international
obligation requires, whenever possible, full restitution (restitutio in integrum), which
consists of the return to the state of affairs prior to the infringement. If this were not
feasible, the International Court is to determine a set of measures to be ordered for
the purpose of guaranteeing the rights that were affected, of reparairing the
consequences the infringements brought about and of establishing a compensation
for the damage caused.172 The obligation to repair is ruled by International Law and
it cannot be modified or not discharged by the State alleging provisions in its
domestic laws as grounds thereof.173
297. Reparations are measures tending to eliminate the effects of the violations
committed. Their nature and amount depend on the characteristics of the violation
and on both the pecuniary and non pecuniary damage caused. Such reparations shall
not result in the victims or their successors becoming richer or poorer and they shall
be commensurate with the violations declared in the Judgment.174
A)
BENEFICIARIES
298. The Court considers as “injured parties”, qualifying as victims of the violations
of the rights embodied in Articles 25(1) and 25(2)(c) of the Convention, in relation to
Article 1(1) thereof, the persons determined as victims in Chapter IV herein (supra
paras. 232, 235, 236, 245, 249, 253, 260, 265, 270 and 275), taking into account
that the domestic courts seized with the enforcement of the judgments will have to
make certain determinations (supra paras. 259, 265 and 270). The list attached to
this Judgment, which forms part hereof, contains the names of the victims the Court
has been able to individualize.
170
Cf. Case of Blanco-Romero et al, supra note 24, para. 68; Case of García-Asto and RamírezRojas, supra note 16, para. 247; and Case of Gómez-Palomino, supra note 21, para. 112.
171
Cf. Case of Blanco-Romero et al, supra note 24, para. 68; Case of García-Asto and RamírezRojas, supra note 16, para. 247; and Case of Palamara-Iribarne, supra note 25, para. 234.
172
Cf. Case of Blanco-Romero et al, supra note 24, para. 69; Case of García-Asto and RamírezRojas, supra note 16, para. 248; and Case of Gómez-Palomino, supra note 21, para. 113.
173
Cf. Case of Blanco-Romero et al, supra note 24, para. 69; Case of García-Asto and RamírezRojas, supra note 16, para. 248; and Case of Gómez-Palomino, supra note 21, para. 113.
174
Cf. Case of Blanco-Romero et al, supra note 24, para. 70; Case of García-Asto and RamírezRojas, supra note 16, para. 249; and Case of Gómez-Palomino, supra note 21, para. 114.
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