and nobody has been punished. Moreover, the Court notes that the State has not refuted
the arguments on the violation of the right to personal integrity with respect to any of
the persons indicated as victims in this case.224
190. The Court, therefore, concludes that the State is responsible for violating the right
to personal integrity, recognized in Article 5(1) of the American Convention on Human
Rights, read in conjunction with Article 1(1) thereof, to the detriment of Flora Potasnik,
Mónica Raquel Wodzislawski, Marta Odizzio de Raggio, Horacio Enrique Raggio Odizzio,
Daniel Raggio Odizzio, Arturo Ricardo Reyes Gaetán, Celia Natividad Sedarri Aparicio,
Estela Reyes Sedarri, Washington Javier Barrios Fernández, Washington Barrios, Hilda
María Fernández Rodríguez, Jaqueline Barrios Fernández, Amalia González de González,
Elena Zaffaroni Rocco, Disnarda Ema Flores Soler de Tassino, Karina Teresa Tassino,
Javier Tassino and Álvaro Luis Tassino.
VIII
REPARATIONS
191. On the basis of Article 63(1) of the American Convention, the Court has indicated
that any violation of an international obligation that has caused harm entails the duty to
make adequate reparation and that this provision reflects a customary norm that
constitutes one of the fundamental principles of contemporary international law on State
responsibility.225
192. Reparation for the damage caused by the infringement of an international
obligation requires, to the extent possible, full restitution (restitutio in integrum), which
consists in the restoration of the prior situation. If this is not possible, as occurs in most
cases of human rights violations, the Court will determine the measures to guarantee
the infringed rights and to repair the consequences of the violation.226 The Court has,
therefore, considered the need to provide different types of reparation in order to fully
redress the damages and, thus, in addition to pecuniary measures, other measures such
as satisfaction, restitution, rehabilitation, and guarantees of non-repetition have special
relevance due to the damage caused.227
193. Reparations must have a causal link with the facts of the case, the alleged violations, the
proven harm, as well as with the measures requested to repair the resulting damages. The
Court, therefore, must observe such coincidence in order to adjudge and declare according to
the law.228
The Court recalls that, pursuant to Article 41(3) of its Rules, it “may consider those facts that have
not been expressly denied and those claims that have not been expressly controverted as accepted.”
224
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989.
Series C No. 7, para. 25 and Case of the Maya Kaqchikel Indigenous Peoples of Sumpango et al. v. Guatemala,
para. 173.
225
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, para. 24 and Case of the Maya
Kaqchikel Indigenous Peoples of Sumpango et al. v. Guatemala, para. 174.
226
Cf. Case of the Las Dos Erres Massacre v. Guatemala. Preliminary Objection, Merits, Reparations and
Costs. Judgment of November 24, 2009. Series C No. 211, para. 226 and Case of the Maya Kaqchikel Indigenous
Peoples of Sumpango et al. v. Guatemala, para. 174.
227
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 the Maya Kaqchikel Indigenous Peoples of Sumpango et al. v.
Guatemala, para. 175.
228
51