37
113. After examining the de facto and de jure legal conclusions contained in the
decisions on the remedies filed during the criminal proceedings (supra paras. 43(12)
to 43(16)), this Court does not find that it has been proved that the State violated
the right of Mr. Raxcacó Reyes to an effective remedy to contest the judgment
delivered against him, in the terms of Article 25 of the American Convention.
XII
REPARATIONS
APPLICATION OF ARTICLE 63(1) OF THE CONVENTION
OBLIGATION TO REPAIR
114. This Court has established that it is a principle of international law that any
violation of an international obligation that has produced damage entails the
obligation to repair it adequately.68 According to Article 63(1) of the American
Convention, which reflects a customary norm that constitutes one of the
fundamental pillars of contemporary international law on State responsibility:69
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.70
115. Reparation of the damage caused by the violation of an international
obligation requires full restitution (restitutio in integrum), which consists in the reestablishment of the previous situation. If this is not possible, as in most cases, the
Court must determine measures to guarantee the violated rights and repair the
consequences of the violations committed.71 It is also necessary to add any positive
measures the State must adopt to ensure that the harmful acts, such as those that
occurred in this case, are not repeated.72 The responsible State may not invoke
provisions of domestic law to modify or fail to comply with its obligation to provide
reparation, which is regulated by international law.73
116. The nature and amount of the reparations depend on both the characteristics
of the violations committed and the pecuniary and non-pecuniary damage that has
been caused. Reparations should be proportionate to the violations that have been
68
Cf. Case of Acosta Calderón, supra note 1, para. 145; Case of Yatama, supra note 1, para. 230,
and Case of Fermín Ramírez, supra note 1, para. 122.
69
Cf. Case of Acosta Calderón, supra note 1, para. 146; Case of Yatama, supra note 1, para. 231,
and Case of Fermín Ramírez, supra note 1, para. 122.
70
Cf. Case of Acosta Calderón, supra note 1, para. 145; Case of Yatama, supra note 1, para. 230,
and Case of Fermín Ramírez, supra note 1, para. 122.
71
Cf. Case of Acosta Calderón, supra note 1, para. 147; Case of Yatama, supra note 1, para. 232,
and Case of Fermín Ramírez, supra note 1, para. 123.
72
Cf. Case of Acosta Calderón, supra note 1, para. 147; Case of Yatama, supra note 1, para. 232,
and Case of Fermín Ramírez, supra note 1, para. 123.
73
Cf. Case of Acosta Calderón, supra note 1, para. 147; Case of Yatama, supra note 1, para. 232,
and Case of Fermín Ramírez, supra note 1, para. 123.
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