31
*
*
*
64.
Based on the Court’s decisions in the Judgment on preliminary objections in
the instant case and on paragraphs 57 and 63 of this Judgment, the Court believes
that the other claims made by the Inter-American Commission and the
representatives of the victim (supra 24) are inadmissible.
*
*
*
65.
For all the above reasons, the Court considers that the State violated Articles
8 and 25, in relation to Article 1(1) of the Convention, to the detriment of Mr. José
María Cantos.
VIII
APPLICATION OF ARTICLE 63(1)
66. Based on the facts explained in the preceding chapters, the Court has
determined that Articles 8 and 25 of the American Convention were violated, all in
relation to Article 1(1) thereof and to the detriment of José María Cantos. The
jurisprudence constante of this Court has been that it is a principle of international
law that any violation of an international obligation that has caused some damage
carries with it the duty to make adequate reparations.108 The Court has relied on
Article 63(1) of the American Convention, which provides 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.
67.
As the Court has written, Article 63(1) contains a rule of customary law that
is one of the fundamental principles of contemporary international law as regards
State responsibility. Thus, when an unlawful act is imputed to a State, that State
immediately incurs responsibility for violation of the international norm in question
and the consequent duty to make reparations and put an end to the consequences of
that violation.109
68.
As the term implies, reparations are measures intended to erase the effects of
the violations committed. Their nature and their amount depend on the damage
caused, at both the pecuniary and non-pecuniary levels. Reparations are not meant
to enrich or impoverish the victim or his next of kin.110 Every aspect of the
obligation to make reparation (scope, nature, modalities, and determination of
108
Cf. El Caracazo Case, Reparations, supra note 5, par. 76; Trujillo Oroza Case, Reparations, supra
note 6, par. 60; and Bámaca Velásquez Case, Reparations, supra note 18, par. 38.
109
Cf.
Case, supra
110
Cf.
Case, supra
El Caracazo Case, Reparations, supra note 5, par. 76; Hilaire, Constantine and Benjamin et al.
note 5, par. 202; and Trujillo Oroza Case, Reparations, supra note 6, par. 60.
El Caracazo Case, Reparations, supra note 5, par. 78; Hilaire, Constantine and Benjamin et al.
note 5, par. 205; and Trujillo Oroza Case, Reparations, supra note 6, par. 63.
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