65
redress said injury.137 To this end, the Court has based itself on Article 63(1) of the
American Convention, according to which,
[i]f the Court finds that there has been a violation of a right or freedom protected by
[the] 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.
188. As the Court has pointed out, Article 63(1) of the American Convention
reflects a customary rule that is one of the key principles of contemporary
international law regarding the responsibility of the States. Thus, when an unlawful
event takes place that is attributable to a State, this immediately gives rise to the
State’s international responsibility for the violation of an international rule, with the
attendant duty of reparation and of making the consequences of the violation
cease.138
189. Reparation of the damage caused by infringement of an international
obligation requires, whenever possible, restitutio in integrum, which consisted of
reestablishing the situation before the violation. If this is not possible, as in the
instant case, this International Court must order adoption of a series of measures
that, in addition to ensuring respect for the rights that were abridged, provide
reparation of the consequences caused by the violations and pay compensation for
the damages caused in the pertinent case.139 It is necessary to add the positive
measures that the State must adopt to ensure that injurious acts such as of the
instant case do not occur again.140 The obligation to redress, which is regulated in all
its aspects (scope, nature, modes, and establishment of the beneficiaries) by
international law, cannot be modified or not fulfilled by the obligated State by
invoking domestic legal provisions.141
190. Reparations, as the term indicates, consist of the measures that tend to make
the effects of the violations disappear or be mitigated. Their nature and their
amount depend on the damage caused at both the pecuniary and non-pecuniary
levels.142 In this regard, the reparations ordered must be related to the violations
found in the previous chapters of this Judgment.
A) BENEFICIARIES
191. The Court will now summarize the pleadings of the Inter-American
Commission, of the representative of the victims and their next of kin, and of the
State about who should be considered beneficiaries of the reparations to be ordered
by the Court.
Pleadings of the Commission
137
See Case of Maritza Urrutia, supra note 5, para. 141; Case of Myrna Mack Chang, supra note 5,
para. 234; and Case of Bulacio, supra note 6, para. 70.
138
See Case of Maritza Urrutia, supra note 5, para. 142; Case of Myrna Mack Chang, supra note 5,
para. 235; and Case of Bulacio, supra note 6, para. 71.
139
See Case of Maritza Urrutia, supra note 5, para. 143; Case of Myrna Mack Chang, supra note 5,
para. 236; and Case of Bulacio, supra note 6, para. 72.
140
See Case of Maritza Urrutia, supra note 5, para. 144; Case of Bulacio, supra note 6, para. 73;
and Case of Juan Humberto Sánchez, supra note 15, para. 150.
141
See Case of Maritza Urrutia, supra note 5, para. 143; Case of Myrna Mack Chang, supra note 5,
para. 236; and Case of Bulacio, supra note 6, para. 72.
142
See Case of Myrna Mack Chang, supra note 5, para. 237.
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