- 90 282. In addition, the Court has established that the obligation to ensure rights, included in Article
1(1) of the Convention, entails the obligation of the States Parties to organize the government
apparatus and, in general, all the structures by means of which public powers are exercised, so that
they are able to ensure legally the free and full exercise of human rights. As part of this obligation,
States are legally bound to prevent, within reason, human rights violations, and to investigate,
genuinely and with the means at their disposal, any violations committed within their jurisdiction so
as to identify those responsible in order to impose the pertinent sanctions and to ensure adequate
redress to the victim.447
283. Nevertheless, the Court considers that, taking into account the duration of the detention and
the effectiveness of the application for habeas corpus that was filed, it is unnecessary to rule on the
alleged failure to investigate the detention of Mr. Chévez de la Rocha. Therefore, the Court
concludes that it is not necessary to issue a ruling on the alleged violation of Article 7 of the
Convention, in relation to Article 1(1) of this instrument, to the detriment of Luis Alonso Chévez of
the Rocha.
VII-5
OTHER ALLEGED VIOLATIONS
284. The representatives argued that “the violation of the right to personal integrity, and also the
right to honor and dignity [had been] proved owing to the disruption of the victims’ life project,” so
that there had been an autonomous violation of these rights. In addition, they indicated that, in this
case, in addition to the violations that had already been declared, the right to defend human rights
had been violated, as an autonomous and independent right that, although it was not expressly
recognized in the text of the Convention, was protected by Articles 13(1), 15, 16(1), 23(1)(a) and
25(1) of this instrument.
285. Based on the conclusions set out in the preceding chapters, the Court considers that it is not
necessary to examine, autonomously and separately, the arguments of the representatives
indicated supra. However, the arguments presented concerning the effects caused to the victims
will be taken into account as pertinent when ordering the corresponding reparations.
VIII
REPARATIONS
(Application of Article 63(1) of the American Convention)
286. Based on Article 63(1) of the American Convention,448 the Court has indicated that any
violation of an international obligation that has caused harm entails the obligation to make
adequate redress,449 and that this provision reflects a customary norm that constitutes one of the
basic principles of contemporary international law on State responsibility.450
447
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 166, and Case of the Barrios Family v. Venezuela.
Merits, reparations and costs. Judgment of November 24, 2011. Series C No. 237, para. 47.
448
Article 63(1) of the American Convention establishes that: “[i]f 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.”
449
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C No. 7, para.
25, and Case of Omar Humberto Maldonado Vargas et al. vs. Chile, supra, para. 149.
450
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, para. 25, and Case of Omar Humberto
Maldonado Vargas et al. v. Chile, supra, para. 149.