8
19.
Amici curiae pleadings were submitted by the Central American Association of Relatives of
the Detained-Disappeared (Asociación Centroamericana de Familiares de DetenidosDesaparecidos) and the following twelve jurists: Jean-Denis Archambault, Alejandro Artucio,
Alfredo Etcheberry, Gustavo Gallón Giraldo, Diego García Sayán, Alejandro M. Garro, Robert K.
Goldman, Jorge Mera, Denis Racicot, Joaquín Ruiz Giménez, Arturo Valencia Zea and Eugenio Raúl
Zaffaroni.
III
20.
The first question the Court must resolve is related to the implementation of resolutory
point number 6 of the judgment on the merits, according to which it gave Honduras and the
Commission six months from the date of the judgment of July 29, 1988, to reach an agreement
on the form and amount of just compensation to be paid to the family of Manfredo Velásquez
(Velásquez Rodríguez Case, supra 2).
21.
In its pleading of March 1, 1989, the Commission reported on its attempts to reach an
agreement with the Government. According to the Commission, only at the end of the six-month
period was it possible to meet in the city of Tegucigalpa with a commission named by the
President of the Republic of Honduras "to negotiate and determine the amount and form of
payment of the compensation awarded in the Inter-American Court's judgment of July 29, 1988."
22.
According to the record of that meeting (supra 5), the parties agreed only on the
recognition of the beneficiaries of the compensation. The remaining points are simple declarations
which establish no criteria for fixing the amount of the compensation and, even less, for payment.
Therefore, resolutory point number 6 of the judgment on the merits of July 29, 1988, was not
carried out.
IV
23.
The written and oral arguments made to the Court show substantial differences of opinion
insofar as the scope, bases and amount of the compensation. Some arguments refer to the need
to rely upon the internal law of Honduras, or part of it, in determining or paying the indemnity.
24.
Because of those disagreements and in order to implement the judgment on the merits of
July 29, 1988, the Court must now define the scope and content of the just compensation to be
paid by the Government to the family of Manfredo Velásquez.
25.
It is a principle of international law, which jurisprudence has considered "even a general
concept of law," that every violation of an international obligation which results in harm creates a
duty to make adequate reparation. Compensation, on the other hand, is the most usual way of
doing so (Factory at Chorzów, Jurisdiction, Judgment No. 8, 1927, P.C.I.J., Series A, No. 9, p.
21 and Factory at Chorzów, Merits, Judgment No. 13, 1928, P.C.I.J., Series A, No. 17, p. 29;
Reparation for Injuries Suffered in the Service of the United Nations, Advisory Opinion,
I.C.J. Reports 1949, p. 184).
26.
Reparation of harm brought about by the violation of an international obligation consists in
full restitution (restitutio in integrum), which includes the restoration of the prior situation, the
reparation of the consequences of the violation, and indemnification for patrimonial and nonpatrimonial damages, including emotional harm.