IX
REPARATIONS
130. Based on the provisions of Article 63(1) of the American Convention, the Court has
held that any violation of an international obligation that has caused harm entails the
duty to make adequate reparation, and that this provision reflects a customary norm
that constitutes one of the fundamental principles of contemporary international law on
State responsibility. 200
131. Reparation for the harm caused by the breach of an international obligation
requires, whenever possible, full restitution (restitutio in integrum), which consists of
reestablishing the situation prior to the violation. If this is not feasible, as occurs in the
majority of cases of human rights violations, the Court may order measures to protect
the rights that have been violated and repair the harm caused. 201 Accordingly, the Court
has considered the need to provide different types of reparation in order to fully redress
the damage; thus, in addition to pecuniary compensation, other types of measures such
as satisfaction, restitution, rehabilitation, and guarantees of non-repetition have special
relevance due to the severity of the harm caused. 202
132. The Court has also established that 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. Consequently, the Court must analyze the
concurrence of these factors in order to rule appropriately and according to the law. 203
133. Therefore, taking into account the violations declared in the previous chapter, and
in light of the criteria established in its case law regarding the nature and scope of the
obligation to make reparation, 204 the Court will now examine the claims presented by
the Commission and the representatives, as well as the arguments of the State, for the
purpose of ordering measures to redress the harm caused to the victim.
A. Injured party
134. Pursuant to Article 63(1) of the Convention, the Court reiterates that it considers
as injured party anyone who has been declared a victim of the violation of any right
recognized therein. Therefore, this Court considers as “injured party” Mr. Crissthian
Manuel Olivera Fuentes who, as the victim of the violations declared in Chapter VIII of
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989.
Series C No. 7, para. 25, and Case of Nissen Pessolani v. Paraguay. Merits, reparations and costs. Judgment
of November 21, 2022. Series C No. 477, para. 105.
201
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 25 and 2, and
Case Nissen Pessolani v. Paraguay, supra, para. 106.
202
Cf. Case of the Dos Erres Massacre v. Guatemala. Preliminary objection, merits, reparations and
costs. Judgment of November 24, 2009. Series C No. 211, para. 226, and Case of Nissen Pessolani v. Paraguay,
supra, para. 92.
203
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 Nissen Pessolani v. Paraguay, supra, para. 107.
204
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 25 to 27, and
Case of Nissen Pessolani v. Paraguay, supra, para. 108.
200
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