customary norm that is one of the fundamental principles of contemporary International
Law regarding the responsibility of the State. 359
244. In consideration of the violations of the Convention declared in the preceding
Chapters, the Court will now proceed to examine the requests for reparation submitted by
the Commission and the representatives, in light of the criteria established in the Court’s
case law regarding the nature and scope of the obligation to make reparations, in order to
adopt the measures required to repair the damage caused to the victims. 360
245. Considering that the Court has established that reparations must have a causal
nexus with the facts of the case, the violations declared, the damage confirmed, as well as
the measures requested to repair that damage, it must observe that concurrence to rule
appropriately and according to law. 361 Consequently, the Court will not consider those
measures of reparation requested by the Commission and the representatives which have
a causal nexus with the alleged violation of Article 4 of the Convention, to the detriment of
A.A.
246. The Court notes that, in their pleadings and motions brief, the representatives
merely requested measures of reparation, without arguing the causal link between those
measures and the human rights violations alleged in this case. The representatives did
submit arguments in this regard during the public hearing and in their final written
arguments, that is, outside the procedural deadline established for these purposes.
Furthermore, in its final written arguments, the State presented new arguments
concerning the reparations requested in this case. In this regard, this Court recalls that,
pursuant to Article 40(2)(d) of its Rules of Procedure, the representatives’ claims,
including those concerning reparations, must be included in the initial brief of pleadings
and motions (supra para. 5). Moreover, in accordance with Article 41(1)(d) of the Rules,
the State’s observations regarding the reparations and costs requested must be included
in the answer brief. Consequently, the new arguments presented in the final written
arguments of the representatives and the State, respectively, concerning the reparation
measures requested, are deemed to be time-barred; therefore this Court will not examine
or consider these, except in the case of requests for costs and expenses incurred after the
submission of the pleadings and motions brief and the State’s corresponding observations
(supra paras. 5, 10 and 11). 362
A) Injured Party
247. In accordance with Article 63(1) of the Convention, the Court considers an Injured
Party anyone who has been declared a victim of a violation of any of the rights enshrined
therein. Therefore, this Court considers B.A., C.A., D.A., E.A., F.A., G.A., I.A., J.A., K.A.,
L.A., M.A. and N.A. as “Injured Party.”
B) Obligation to investigate the facts and identify, judge and, if
applicable, punish those responsible
248. The Commission asked the Court to order the State to “expeditiously undertake
and complete an impartial, comprehensive and effective judicial investigation, in order to
establish the circumstances resulting in [Mr. A.A.’s] death; exhaustively pursue the logical
lines of investigation related to the case and identify all those involved at the different
levels of decision-making and execution, and apply the corresponding sanctions.” It also
asked the Court to require the State to “[o]rder the appropriate administrative,
disciplinary or punitive measures in response to the actions or omissions of the state
officials who contributed to the denial of justice and the impunity surrounding the case.”
359
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989. Series C
No. 7, para. 25, and Case of Norín Catrimán et al. (Leaders, members and activist of the Mapuche Indigenous
People) v. Chile, supra, para. 412.
360
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, supra, paras. 25 to 27, and Case of
Norín Catrimán et al. (Leaders, members and activist of the Mapuche Indigenous People) v. Chile, supra, para. 415.
361
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, Reparations and Costs. Judgment of November 27,
2008. Series C No. 191, para. 110, and Case of Norín Catrimán et al. (Leaders, members and activist of the
Mapuche Indigenous People) v. Chile, supra, para. 414.
362
Cf. Case of Liakat Ali Alibux v. Suriname, supra, para. 140.
72
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