57
IX
REPARATIONS
(APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION)
Duty to Make Reparations
134. In accordance with the analysis presented in the previous chapter, the Court
has found that the Chilean State is responsible for violating the rights enshrined in
Articles 8(1) and 25 of the American Convention, and for failing to comply with the
duties arising from Articles 1(1) and 2 of said international instrument. The Court
has established, on several occasions, that any violation of an international duty
which has caused damage entails the duty to make proper reparations for said
damage.155 To this end, Article 63(1) of the American Convention provides that:
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.
135. As the Court has held, Article 63(1) of the American Convention reflects a rule
of customary law which constitutes one of the fundamental principles of
contemporary International Law regarding the responsibility of the States. Thus,
when a wrongful act imputable to a State occurs, pursuant to the international law
that State becomes immediately responsible for the violation of an international
norm, with the consequent duty to make reparations and cause the consequences of
the violation to cease.156
136. Redressing the damage caused by the breach of an international duty
requires, as far as possible, restitutio in integrum, which means restoring the
situation to that prior to the violation. Should this be impossible, it is for the
international court to establish a series of measures aimed not only at ensuring
respect for the violated rights, but also at redressing the consequences of the breach
and ordering the payment of compensation for the damage suffered. It is also
necessary to add the positive measures a State must undertake to guarantee that
injurious acts like the ones of the instant case do not occur again. The duty to make
reparations, governed by International Law in all of its aspects (scope, nature,
modality, and the determination of beneficiaries) may not be altered or breached by
the respondent State by invoking domestic legal provisions.157
137. Reparations, as the term itself suggests, are the measures intended to cause
the effects of the violations committed to disappear. Their nature and amount
155
Cf. Case of Montero-Aranguren et al. Judgment of July 5, 2006. Series C No. 150, para. 115;
Case of Ximenes-Lopes, supra note 14, para. 207; and Case of the Ituango Massacres, supra note 14,
para. 345.
156
Cf. Case of Montero-Aranguren et al., supra note 155, para. 116; Case of Ximenes-Lopes, supra
note 14, para. 208; and Case of the Ituango Massacres, supra note 14, para. 346.
157
Cf. Case of Montero-Aranguren et al., supra note 155, para. 117; Case of Ximenes-Lopes, supra
note 14, para. 209; and Case of the Ituango Massacres, supra note 14, para. 347.
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