81
previous occasions, the Court cannot review laws in abstract which were not
applied or dit not have effects on the specific case.314
X
REPARATIONS
(Application of Article 63(1) of the American Convention)
208. Pursuant to the terms of article 63(1) of the American Convention,315 the
Court has indicated that any violation of an international obligation that has caused
damage entails the duty to provide adequate reparation316 and that this provision
“reflects a customary norm that is one of the fundamental principles of
contemporary international law regarding the responsibility of the States.”317
209. This Tribunal has established that the reparations must have a causal link
with the facts of the case, the declared violations, the proven damages, as well as
with the measures requested to repair the resulting damages. Therefore, the Court
must observe such coincidence in order to adjudge and declare according to law.318
210. In consideration of the violations declared in the preceding chapters, the
Tribunal shall address the requests for reparations made by the Commission and
the representatives, as well as the State’s arguments thereof, in light of the criteria
embodied in the Court’s case law in connection with the nature and scope of the
obligation to make reparations,319 in order to adopt the measures required to repair
the damage caused to the victims. As regards the State’s motions, the Court notes
that the State only submitted specific pleadings on some reparation measures
requested. In all other respects, in general terms, Mexico requested the Tribunal to
reject any request for reparation submitted by the Commission or the petitioners.
A.
Injured Party
211. According to article 63(1) of the American Convention, an injured party is a
party that has been declared a victim of the violation of a right enshrined in the
Convention.320 The victims in this case are Messrs. Teodoro Cabrera García and
314
Case of Genie Lacayo v. Nicaragua. Preliminary Objections. Judgment of January 27, 1995.
Series C No. 21, para. 50; Case of Usón Ramírez v. Venezuela, supra note 99, para. 154 and Case of
Manuel Cepeda Vargas v. Colombia, supra note 27, para. 51.
315
Article 63.1 of the Convention provides: “[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.”
316
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21,
1989. Series C Nº. 7, para. 25; Case of Rosendo Cantú et al v. Mexico, supra note 30, para. 203; Case
of Ibsen Cárdenas and Ibsen Peña v. Bolivia, supra note 30, para. 231.
317
Cf. Case of the “Street Children” (Villagrán Morales et al) v. Guatemala. Reparations and Costs.
Judgment of May 26, 2001. Series C No. 77, para. 62; Case of Rosendo Cantú et al v. Mexico, supra
note 30, para. 203; Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia, supra note 30, para. 231.
318
Cf. Case of Ticona Estrada et al v. Bolivia. Merits, Reparations and Costs. Judgment of
November 27, 2008. Series C N° 191, para. 110; Case of Rosendo Cantú et al v. Mexico, supra note 30,
para. 204; Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia, supra note 30, para. 262.
319
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, supra note 316, para. 25
to 27; Case of Garrido and Baigorria v. Argentina, supra note 313, para. 43; Case of the “White Van”
(Paniagua Morales et al) v. Guatemala, supra note 30, paras. 76 to 79.
320
Cf. Case of Fernandez Ortega et al v. Mexico, supra note 39, para. 224; Case of Ibsen Cárdenas
and Ibsen Peña v. Bolivia, supra note 30, para. 232.
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