54
detriment of the next-of-kin of Mr. Anzualdo Castro.
VIII
REPARATIONS
(Application of Article 63(1) of the Convention)211
170. It is a principle of International Law that any violation of an international
obligation that has caused damage entails the duty to provide adequate
reparation212. All aspects of this obligation to make reparations are regulated by
international law213. The Court has based its decisions in this particular subject on
the provisions of Article 63(1) of the American Convention.
171. In the response to the application, the State has indicated that it is not its
responsibility to repair the injured party. Despite having expressed its pain for the
victims, the State indicated its generic rejection of the reparations requested by the
Commission and the representatives, given that "if the Court declares the State's
responsibility, these forms of compensations shall follow a domestic guideline of
reparation given by the Reparations Committee who is acting under certain criteria.”
In the same line of thought, the State pointed out, regarding the measures of
satisfaction and guarantees of non-repetition, that any decision of the Court in this
regard "must analyze what could be developed in the Peruvian society, who is living
a reconciliation process.”
172. The Court values that Peru counts on a Full Reparation Plan, by which it
acknowledges collective and symbolic reparations in the field of health, education,
housing, and restitution of rights as well as economic reparation for the victims of
the violence during the conflict.214 Furthermore, the Court notes that the
representatives observed, and the State did not contest it, that up to the date,
Kenneth Ney Anzualdo Castro is not registered with the Victims’ Registry215, which
constitutes a pre-requisite for the recognition of the right to obtain individual
reparations216, and his next-of-kin have not been capable of receiving reparations
within the framework of that system.
173. In consideration of the violations of the American Convention and the InterAmerican Convention on Forced Disappearance of Persons so declared in the
preceding chapters, the Tribunal shall address the requests for reparations made by
211
Article 63(1)
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.
212
Cf. Case of Velásquez Rodríguez V. Honduras. Reparations and Costs. Judgment of July 21, 1989.
Series C Nº. 7, para. 25; Case of Escher et al. V. Brazil, supra note 6, para. 221; case of Acevedo Buendía
et al. (“Discharged and Retired Employees of the Comptroller”) V. Peru. Supra note 11, para. 108.
213
Cf. Case of Aloeboetoe et al. V. Surinam. Merits. Judgment of December 4, 1991. Series C No.
11, para. 44; Case of Escher et al. V. Brazil, supra note 6, para. 221; case of Acevedo Buendía et al.
(“Discharged and Retired Employees of the Comptroller”) V. Peru. Supra note 11, para. 108.
214
The Full Reparations Plan was approved by Law 28.592 on July 29, 2005.
See Electronic consultation to the Victims’ Registry [Registro Único de Víctimas]. Available at
http://www.registrodevictimas.gob.pe/ruv/ConsultasLinea/Libro01/ConsultaWebInscritosRUVLibro01.aspx
216
The Victims’ Registry is the body in charge of the identification and individualization of the victims
that shall be benefited from the programs of the Full Reparation Plan.
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