173. The Chamber then convicted the alleged victim.187 His defense counsel presented a
writ of cassation, but it did not contain any arguments on the participation of the judges in
the investigative stage and at the trial.
174. As has been stated, the Court recognizes that standards for admissibility are
recognized by the Convention,188 as long as those norms do not make the right to appeal
futile.189 The Court did not find elements that would allow it to hold that a requirement of
admissibility that indicates the sole grounds of recusal in Article 52 of the CPP is unreasonable.
The Court notes that, contrary to the position of the defense counsel on the other issues
contained in the appeal, no recourse was presented against the decision that denied the
recusal.
175. The Court, thus, finds that the State is not responsible for violating Article 25(1) of the
American Convention regarding the recourses presented by the alleged victim to question the
actions of the members of the Criminal Chamber who had intervened in the investigation of
the same cases.
VII.
REPARATIONS
176. On the basis of Article 63(1) of the 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.190
177. Reparation for the harm 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 measures to guarantee the infringed rights and to
redress the consequences of the violation.191 The Court, therefore, has found it necessary to
grant diverse measures of reparation to fully redress the harm; thus, in addition to pecuniary
compensation, other measures such as restitution, rehabilitation, satisfaction and guarantees
of non-repetition have a special relevance for the harm caused.192
178. The Court has established that the reparations must have a causal link with the facts
of the case, the violations declared, the proven harm, as well as the measures requested to
redress the resulting harm. The Court, therefore, must observe this concurrence in order to
rule appropriately and in keeping with the law.193
187
Cf. Second Criminal Chamber, Judgment N° 116 of October 31, 2001 (evidence file, fs. 1067 to 1103)
Cf. Case of Castañeda Gutman v. Mexico, para. 94 and Case of the Dismissed Congressional Employees
(Aguado Alfaro et al.) v. Peru, para. 126.
188
Cf. Case of Cantos v. Argentina. Merits, Reparations and Costs. Judgment of November 28, 2002. Series C
No. 97, paras. 52 and 53. Likewise, mutatis mutandi, Case of Andrade Salmón v. Bolivia. Merits, Reparations and
Costs. Judgment of December 1, 2016. Series C No. 330, para. 120.
189
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989. Series C
No. 7, para. 26 and Case of Girón et al. v. Guatemala. Preliminary Objection, Merits, Reparations and Costs. Judgment
of October 15, 2019. Series C No. 390, para. 124.
190
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Sentence of July 21, 1989. Series C
No. 7, para. 26 and Case of Girón et al. v. Guatemala, para. 125.
191
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 Girón et al. v. Guatemala, para.
125.
192
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 Girón et al. v. Guatemala, para. 126.
193
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