66
of the interested parties. Even though it is reasonable to consider that the proceedings
mentioned refer to complex issues that involve rights over traditional properties, this Court
considers that the State is responsible for the violation of the rights enshrined in Articles 8(1)
and 25 of the Convention, in relation to Article 1(1) of that same instrument, given the
duration of the judicial and administrative actions regarding the sales and allocations of
traditional lands to third parties beyond a reasonable period of time, in detriment of the
Community of Triunfo de la Cruz and its members.
B.3. The investigations related to the alleged threats and deaths against members
of the Community of Triunfo de la Cruz
252. The Court recalls that in the chapter on facts it indicated that several complaints had
been filed regarding acts of violence and threats against members of the Community of
Triunfo de la Cruz (supra para. 88), without there being information on whether they were
investigated and the status of those investigations. On the other hand, there is no evidence
that the State initiated the investigations for the murders of Oscar Brega, Jesús Álvarez Roche,
Jorge Castillo Jiménez y Julio Alberto Morales ex officio (supra para. 88). The State had the
procedural opportunity to refer to those investigations and did not present any information in
that sense.
253. Therefore, the Court finds that the State is responsible for the violation of the rights
enshrined in Articles 8(1) and 25 of the Convention, in relation to Article 1(1) of that same
instrument, for the failure to investigate the acts denounced by the Community and its
members, and for not having started the investigations for the murders of Oscar Brega, Jesús
Álvarez Roche, Jorge Castillo Jiménez, and Julio Alberto Morales ex officio.
VIII.
REPARATIONS
(Application of Article 63(1) of the American Convention)
254. Based on Article 63(1) of the Convention,236 the Court has indicated that any violation
of an international obligation that has caused harm entails the duty to make adequate
reparation237 and that this provision “reflects a customary norm that constitutes one of the
fundamental principles of contemporary international law on State responsibility.”238
Additionally, this Court has established that the reparations must have a causal nexus with
the facts of the case, the violations that have been declared, the harm proved, and the
measures requested to redress the respective harm. Accordingly, the Court must analyze the
concurrence of these factors in order to rule appropriately and in keeping with law.239
Article 63(1) of the American Convention states: “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.”
236
Cfr. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, para. 25, and Case of López Lone et
al. v. Honduras. Preliminary Objection, Merits, Reparations, and Costs. Judgment of October 05, 2015. Series C No.
302, para. 286.
237
Case of Castillo Páez v. Peru. Reparations and Costs, para. 50, and Case of López Lone et al. v. Honduras,
para. 286.
238
Cfr. Case of Ticona Estrada et al. v. Bolivia. Merits, Reparations, and Costs, para. 110, and Case of López
Lone et al. v. Honduras, para. 288.
239