the obligation to provide adequate reparation 487 and that this provision reflects a customary
law that is one of the fundamental principles of contemporary international law on State
responsibility. 488
319. The reparation of the damage caused by the violation of an international obligation
requires, whenever possible, full restitution (restitutio in integrum), which consists of the
re-establishment of the previous situation. If this is not feasible, as in most cases of human
rights violations, the Court will determine measures to guarantee the rights infringed and to
repair the consequences of the violations. 489 Consequently, the Court has considered the
need to award different measures of reparation in order to redress the damage
comprehensively, so that, in addition to pecuniary compensation, measures of restitution
and satisfaction and guarantees of non-repetition have special relevance for the damage
caused. 490
320. The Court has established that reparations must have a causal nexus to the facts of
the case, the violations declared, the damage proved, and the measures requested to repair
the respective damage. Therefore, the Court must observe that these requirements have
been met in order to rule appropriately and in keeping with the law. 491
321. Based on the considerations on the merits and the violations of the American
Convention declared in the preceding chapter, the Court will now analyze the claims
arguments and recommendations presented by the Commission and the claims of the
representatives, as well as the arguments of the State, in light of the criteria established in
the Court’s case law regarding the nature and scope of the obligation to make reparation, 492
in order to establish measures designed to redress the damage caused to the victims.
A)
Injured party
322. The Court reiterates that, under Article 63(1) of the Convention, those persons who
have been declared victims of the violation of a right recognized in the Convention are
considered the injured party. Therefore, this Court considers as “injured party”: Gretel
Artavia Murillo, Miguel Mejías Carballo, Andrea Bianchi Bruno, German Alberto Moreno
Valencia, Ana Cristina Castillo León, Enrique Acuña Cartín, Ileana Henchoz Bolaños, Miguel
Antonio Yamuni Zeledón, Claudia María Carro Maklouf, Víctor Hugo Sanabria León, Karen
Espinoza Vindas, Héctor Jiménez Acuña, Maria del Socorro Calderón P., Joaquina Arroyo
Fonseca, Giovanni Antonio Vega, Carlos E. Vargas Solórzano, Julieta González Ledezma and
Oriester Rojas Carranza, who, as victims of the violations declared in Chapter VII, will be
considered beneficiaries of the reparations ordered by the Court.
487
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C
No. 7, para. 25, and Case of Nadege Dorzema et al. v. Dominican Republic, para. 238.
488
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, para. 25, and Case of Nadege
Dorzema et al. v. Dominican Republic, para. 238.
489
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, para. 25, and Case of the Río Negro
Massacres v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment of September 4, 2012
Series C No. 250, para. 245.
490
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, para. 25, and Case of the Río Negro
Massacres v. Guatemala, para. 248.
491
Cf. Case of Ticona Estrada v. Bolivia. Merits, reparations and costs. Judgment of November 27, 2008.
Series C No. 191, para. 110, and Case of the Massacres of El Mozote and nearby places v. El Salvador. Merits,
reparations and costs. Judgment of October 25, 2012 Series C No. 252.
492
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, para. 25, and Case of the Río Negro
Massacres v. Guatemala, para. 246.