-40provide adequate reparation.152 In addition, the Court has stated that the reparations must
have a causal nexus with the facts of the case, the violations declared, the damage proven,
and the measures requested to redress the respective harm. The Court must, thus, analyze
such concurrence of these factors in order to rule appropriately and in accordance with the
law.153
171. Reparation for the harm caused by the breach of an international obligation requires,
whenever possible, full restitution that consists in reestablishing the situation prior to the
violation. If this is not feasible, the Court may order measures to protect the rights infringed
and repair the harm caused by the violations.154
172. Consequently and regardless of the form of reparations that subsequently might be
agreed to by the State and the victims regarding the violations of the American Convention
declared in this Judgment, the Court will now proceed to order the measures to repair the
harm caused to the victims. To do so, it will examine the claims of the Commission and of the
representatives, as well as the arguments of the State in light of the criteria found in the
Court’s case law concerning the nature and scope of the obligation to make reparation.155
A. Injured Party
173. The Court reiterates that, pursuant to Article 63(1) of the American Convention, the
injured party is anyone who has been declared the victim of any right recognized therein. This
Court, thus, considers Zulema Tarazona Arrieta, Norma Pérez Chávez, Luis Alberto Bejarano
Laura, Víctor Tarazona Hinostroza, Lucila Arrieta Bellena, Santiago Pérez Vera and
Nieves Emigdia Chávez Rojas, as victims of the violations declared in Chapter VIII, to be
beneficiaries of the reparations ordered by the Court.
B. Obligation to investigate
174. The Commission, in its final written observations, indicated that “there was a lack in
the present case of a serious investigation during the criminal or disciplinary proceedings into
whether other persons were responsible” and, therefore, it considered that “a component of
an investigation on responsibilities, other than those of Mr. Evangelista Pinedo, is necessary
in order to comply with the standard of full reparation.” The representatives asked that an
order be given to ”begin the appropriate investigations of the persons who failed in their duty
to effectively control their troops, as well as of those who were responsible for the intervention
of the military jurisdiction.” With respect to Sgt. Evangelista Pinedo serving the full six-year
prison sentence, they requested that ”there be a judicial review of the benefit granted to
him.” The State maintained that the incident “had been fully remedied” by the conviction of
the perpetrator of the incident and the full payment of compensation. It also indicated that
“the domestic proceedings concluded with the judgment of July 23, 2008, which was
confirmed on November 4, 2008.”
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989. Series C
No. 7, para. 25 and Case of Human Rights Defender et al. v. Guatemala. Preliminary Objections, Merits, Reparations
and Costs. Judgment of August 28, 2014. Series C No. 283, para. 243.
152
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, Reparations and Costs, para. 110 and Case of Human
Rights Defender et al. v. Guatemala, para. 245.
153
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, para. 26 and Case of Norín Catrimán
et al. (Leaders, Members and Activist of the Indigenous Mapuche People) v. Chile, para. 414.
154
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, paras. 25 to 27 and Case of the
Afrodescendant Communities displaced from the Cararica River Basin (Operation Genesis) v. Colombia, para. 413.
155