Also, this principle governs the actions of all the organs of the State, in their respective spheres
of competence, particularly when exercising punitive powers. 268
236. In relation to Article 2 of the American Convention, the Court has indicated that this
obliges States Parties to adopt, based on their constitutional procedures and the provisions of
the Convention, the measures of a legislative or any other nature that may be required to make
effective the rights and freedoms protected by the Convention.269 In other words, States not
only have the positive obligation to adopt the necessary legislative measures to ensure the
exercise of the rights established in this instrument, but they must also avoid promulgating
those laws that prevent the free exercise of these rights, and avoid the elimination or
amendment of laws that protect them. 270 In short, “the State has the obligation to adopt the
necessary measures to guarantee the effective exercise of the rights and freedoms recognized in
the Convention.”271
237. In this case, the Court notes that the representatives did not present any more specific
allegations or arguments to substantiate a violation of the principle of legality in relation to
restrictions of the rights to personal liberty, and to movement and residence contained in
Articles 7 and 22 of the American Convention. Consequently, the Court will not rule on the
alleged failure to comply with Articles 2 and 9 of the Convention, considering that the facts have
been analyzed sufficiently, and the violations conceptualized in light of the rights to freedom of
movement and residence, and to judicial guarantees and judicial protection, in keeping with
Articles 22, 8 and 25 of the American Convention, in relation to Article 1(1) of this instrument.
VIII.
REPARATIONS
(Application of Article 63(1) of the American Convention)
238. Based on the provisions of Article 63(1) of the American Convention,272 the Court has
indicated that any violation of an international obligation that has caused harm entails the
obligation to make adequate reparation,273 and that this provision “reflects a customary norm
that constitutes one of the basic principles of contemporary international law on State
responsibility.”274
239. In its final arguments, the State indicated that “it has every intention […] of recognizing
the jurisdiction of this […] Court, but as an impoverished developing State with limited
268
Cf. Case of Baena Ricardo et al. v. Panama. Merits, reparations and costs, para. 107, and Case of Mohamed v.
Argentina, para. 130.
269
Cf. Case of Genie Lacayo v. Nicaragua. Merits, reparations and costs. Judgment of January 29, 1997. Series C
No. 30, para. 51, and Case of the Santo Domingo Massacre v. Colombia, para. 245
270
Cf. Case of Castillo Petruzzi et al. v. Peru. Merits, reparations and costs. Judgment of May 30, 1999. Series C
No. 52, para. 207, and Case of Artavia Murillo et al. (In vitro fertilization) v. Costa Rica, para. 335.
271
Case of the Las Dos Erres Massacre v. Guatemala. Preliminary objection, merits, reparations and costs.
Judgment of November 24, 2009. Series C No. 211, para. 240, and Case of Artavia Murillo et al. (In vitro fertilization) v.
Costa Rica, para. 335.
272
Article 63(1) of the American Convention establishes 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.”
273
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, para. 25, and Case of Luna López v.
Honduras. Merits, reparations and costs. Judgment of October 10, 2013. Series C No. 269, para. 213.
274
213.
Cf. Case of Velásquez Rodríguez, Reparations and costs, para. 25, and Case of Luna López v. Honduras, para.
73
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