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.

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos