69
administrative court rules on the fact that an unlawful damage has been produced, and not on
the State’s responsibility for failing to comply with human rights standards and obligations.231
222. In this case, the Court has evaluated the results achieved in these contentious
administrative proceedings, which include some decisions that include reparations for
pecuniary and non-pecuniary damages. These decisions will be taken into account when
establishing the pertinent reparations for the violations of the Convention declared in this
Judgment.
*
*
*
223. The Court has established that the States are obligated to effectively guarantee the
rights to life and personal integrity. Part of this obligation is the duty to investigate the
alleged violations of these rights. This duty derives from Article 1(1) of the Convention in
combination with the substantive right that must be protected or guaranteed.232
224. The Tribunal notes that, in cases of a violation of the right to life, the next of kin of
the victims have the right to judicial access.
225. The Court concludes that the domestic procedures and proceedings have not
constituted effective recourse of a character that could guarantee access to justice and the
right to the truth, the investigation and punishment of those responsible, and the
comprehensive reparation of the consequences of the violations. Based on the preceding
findings, and on the State’s partial acknowledgement of responsibility, the State is
responsible for the violation of Articles 8(1) and 25 of the Convention, in relation to Article
1(1) thereof, to the detriment of the three surviving victims and the next of kin of the
deceased victims, as identified in the Appendix on victims of this Judgment, which, for these
effects, forms part of the Judgment.
IX
REPARATIONS
(APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION)233
226. It is a principle of International Law that any violation of an international obligation
which causes damage gives rise to a duty to make adequate reparations.234 The obligation
231
Cf. Case of the Massacres of Ituango, supra note 15, para. 341 and 342.
232
Cf. Case of the Castro Castro Prison, para. 253; Case of Servellón García et al., supra note 3, para. 119;
Case of Ximenes Lopes, supra note 3, para. 147; Case of the Ituango Massacres, supra note 7, para. 297; and
Case of Baldeón García, supra note 21, para. 92.
233
Article 63(1) of the Convention states that:
If 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 this right or freedom that was violated. It shall
also rule, if appropriate, that the consequences of the measure or situation that constituted that breach of
such a right or freedom be remedied and that fair compensation be paid to the injured party.
234
Cf. Case of La Cantuta, supra note 8, para. 199; Case of the Miguel Castro Castro Prison, supra note 8,
para. 413; and Case of Dismissed Congressional Employees (Aguado Alfaro et al.), supra note 16, para. 141.
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