125
determine whether the decisions taken in that jurisdiction have made an effective
contribution to ending impunity by ensuring the non-repetition of the harmful acts
and guaranteeing the free and full exercise of the rights protected by the
Convention.
339. In the Pueblo Bello Massacre and the “Mapiripán Massacre” cases, both
against Colombia, the Court found that the comprehensive reparation of the violation
of a right protected by the Convention cannot be reduced to the payment of
compensation to the next of kin of the victim.252 Hence, it took into account some of
the results obtained in the administrative proceedings instituted by the next of kin of
the victims in these cases, considering that the compensation established by those
instances for pecuniary and non-pecuniary damage was included in the broadest
concepts of pecuniary and non-pecuniary reparations. Accordingly, the Court
indicated that those results could be considered when establishing the pertinent
reparations, “on the condition that what was decided in those proceedings has been
considered res judicata and is reasonable in the circumstances of the case.”253 When
establishing the international responsibility of the State for the violation of the
human rights embodied in Articles 8(1) and 25 of the American Convention, a
substantial aspect of the dispute before the Court is not whether judgments were
delivered at the national level or whether conciliation agreements were reached on
the civil or administrative responsibility of a State body with regard to the violations
committed to the detriment of the victims of human rights violations or their next of
kin, but whether the domestic proceedings ensured real access to justice, in keeping
with the standards established in the American Convention.254
340. The Court has indicated that, in cases of human rights violations, the State
has the obligation to make reparation, so that although the victims or their next of
kin should have ample opportunity to seek just compensation, this obligation cannot
rest exclusively on their procedural initiative or on the contribution of probative
elements by private individuals. Thus, in the terms of the obligation to provide
reparation that arises from a violation of the Convention (infra para. 346), the
administrative proceedings do not constitute per se an effective and adequate
recourse to repair that violation comprehensively.255
341. Adequate reparation, within the framework of the Convention, requires
measures of rehabilitation, satisfaction and guarantees of non-repetition. Recourses
such as the action for direct reparation or the action for annulment and reestablishment of the right in the case of an administrative act that may have
resulted in damage, have a very limited scope and conditions of access that are not
appropriate for the purposes of reparation established in the American Convention.
252
Cf. Case of the Pueblo Bello Massacre, supra note 9, para. 206; and Case of the “Mapiripán
Massacre”, supra note 8, para. 214. Likewise, cf. Eur.C.H.R., Yasa v. Turkey [GC], Judgment of 2
September 1998, Reports of Judgments and Decisions 1998-VI, § 74; and Eur.C.H.R., Kaya v. Turkey
[GC], Judgment of 19 February 1998, Reports of Judgments and Decisions 1998-I, § 105.
253
Cf. Case of the Pueblo Bello Massacre, supra note 9, para. 206; and Case of the “Mapiripán
Massacre”, supra note 8, para. 214.
254
Cf. Case of the Pueblo Bello Massacre, supra note 9, para. 206; and Case of the “Mapiripán
Massacre”, supra note 8, para. 211.
255
Cf. Case of the Pueblo Bello Massacre, supra note 9, para. 109.
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