64
203) Reparation of harm caused by a violation of an international obligation
requires, whenever possible, full restitution (restitutio in integrum), which consists of
restoring the situation that existed before the violation occurred. When this is not
possible, as in the present Case, it is the task of this international Tribunal to order
the adoption a series of measures that, in addition to guaranteeing respect for the
rights violated, ensure that the damage resulting from the infractions is repaired,
and order the payment of an indemnity as compensation for the harm caused in that
case. 150 The obligation to make reparations, which is regulated in all its aspects
(scope, nature, modalities, and designation of beneficiaries) by international law,
cannot be tempered or breached by the violating State through the invocation of
provisions of its domestic law. 151
204) With respect to violations of the right to life and other rights, where restitutio
in integrum is not possible given the nature of the interest affected, it is the practice
in international law that reparations should take the form, inter alia, of a fair
indemnity or monetary compensation where appropriate, together with a
requirement that the State should adopt such positive measures as will ensure that
harmful acts such as those committed in the present Case are not repeated. 152
205) Reparations, as the term indicates, consist of those measures necessary to
make the effects of the violations committed disappear. The nature and amount of
the reparations depend on the damage caused in both material and non-material
realms. Reparations cannot, in any case, entail either the enrichment or the
impoverishment of the victim or his next of kin. 153
206) In the next section, the Court summarizes the arguments presented by the
Inter-American Commission and the representatives of the victims on the subject of
reparations.
Contentions of the Commission
207) As previously mentioned (supra para. 6), the Commission argued that as a
consequence of the alleged violations, the following forms of reparations are
appropriate and necessary in some or all of the victims’ cases: enforcement of the
commutation of Wayne Matthews’ sentence as already ordered by the domestic
150
Cf. I/A Court H.R., Cantoral Benavides Case. Reparations, supra note 63, para. 41; I/A Court
H.R., Durand and Ugarte. Reparations (Art. 63(1) of the American Convention on Human Rights).
Judgment of December 3, 2001. Series C No. 89, para. 25; and I/A Court H.R., Barrios Altos Case.
Reparations (Art. 63(1) of the American Convention on Human Rights). Judgment of November 30, 2001.
Series C No. 87, para. 25.
151
Cf. I/A Court H.R., Cantoral Benavides Case. Reparations, supra note 63, para. 41; 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, supra note 149, para. 61.
152
Cf. I/A Court H.R., The "Panel Blanca" Case (Paniagua Morales et al.). Reparations (Art. 63(1) of
the American Convention on Human Rights). Judgment of May 25, 2001. Series C No. 76, para. 80; I/A
Court H.R., Castillo Páez Case. Reparations (Art. 63(1) of the American Convention on Human Rights).
Judgment of November 27, 1998. Series C No. 43, para. 52; and I/A Court H.R., Garrido and Baigorria
Case. Reparations (Art. 63(1) of the American Convention on Human Rights). Judgment of August 27,
1998. Series C No. 39, para. 41.
153
Cf. I/A Court H.R., Cantoral Benavides Case. Reparations, supra note 63, para. 36; I/A Court
H.R., Cesti Hurtado Case. Reparations, supra note 64, para. 36; and I/A Court H.R. The "Street Children"
Case (Villagrán Morales et. al). Reparations, supra note 149, para. 63.
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