63
because the victim was protected by Provisional Measures ordered by this Tribunal,
which expressly indicated that his execution should be stayed pending the resolution
of the case by the inter-American human rights system.
199) The State of Trinidad and Tobago has caused irreparable harm to the
detriment of Joey Ramiah, by reason of its disregard of a direct order of the Court
and its deliberate decision to order the execution of this victim.
200) The Court reiterates that the State of Trinidad and Tobago arbitrarily deprived
Joey Ramiah of the right to life (supra paras. 197 and 198). This Tribunal emphasizes
the seriousness of the State’s non-compliance in virtue of the execution of the victim
despite the existence of Provisional Measures in his favour, and as such finds the State
responsible for violating Article 4 of the American Convention.
*
*
*
XIV
REPARATIONS
(Application of Article 63(1) of the American Convention)
Obligation to Make Reparations
201) In accordance with the analysis set forth in previous chapters, the Court finds,
based on the facts of the case, violations of Articles 4(1), 4(2), 4(6), 5(1), 5(2), 7(5),
8, and 25 of the American Convention, all in relation to Articles 1(1) and 2. The Court
has held, on a number of occasions, that any violation of an international obligation
resulting in harm carries with it an obligation to make adequate reparations for this
harm. For this purpose, the Court has based its findings on Article 63(1) of the
American Convention states that,
[i]f 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. (emphasis
added)
202) As the Court has indicated, Article 63(1) of the American Convention contains
a
rule of customary law that constitutes one of the fundamental principles of
contemporary international law on State responsibility. Thus, when an illicit act is
imputed to the State, there immediately arises a responsibility on the part of the
State for its breach of the international norm involved, together with the subsequent
duty to make reparations and put an end to the consequences of said violation. 149
149
Cf. I/A Court H.R., Cantoral Benavides Case. Reparations, supra note 63, para. 40; I/A Court
H.R., Cesti Hurtado Case. Reparations, supra note 64, para. 35; and I/A Court H.R., The "Street Children"
Case (Villagrán Morales et. al). Reparations (Art. 63(1) American Convention on Human Rights). Judgment
of May 26, 2001. Series C No. 77, para. 62.
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