IX
REPARATIONS215
189. Based on the provisions of Article 63(1) of the American Convention, the Court has
maintained that every violation of an international obligation that results in harm creates a 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. 216
190. Reparation of the harm caused by the violation of an international obligation requires,
whenever possible, full restitution (restitutio in integrum), which consists in the restoration of
the previous condition. If this is not feasible, as happens in most cases of human rights
violations, this Court will determine measures to guarantee the violated rights and repair the
consequences resulting from the violations.217 Therefore, the Court has considered the need to
grant different measures of reparation in order to provide comprehensive redress so that, in
addition to pecuniary compensation, measures of restitution, rehabilitation and satisfaction as
well as guarantees of non-repetition have special relevance for the harm caused. 218 In addition,
the Court considers that the reparations must include an analysis that considers not only the
right of victims to obtain redress, but also one that incorporates a gender perspective and a
child-oriented approach, both in its formulation and in its implementation.219
191. The Court has established that reparations must have a causal nexus with the facts of
the case, the violations that have been declared, the harm proved, and the measures requested
to redress the respective harm. Therefore, the Court must examine the concurrence of these
elements to rule appropriately and in keeping with law.220
192. Bearing in mind the violations of the American Convention established in the previous
chapters, in light of the criteria established in the Court’s case law in relation to the nature and
scope of the obligation to make reparation,221 the Court will examine the claims presented by
the Commission and the representatives, as well as the State’s arguments on the matter, in
order to establish measures to redress the harm caused.
A) Injured party
193. This Court considers the injured party, in the terms of Article 63(1) of the American
Convention, to be those who have been declared victims of the violation of a right in this
judgment. Therefore, the Court considers Pedro Julio Movilla Galarcio and the following members
of his family to be the injured party: Candelaria Nuris Vergara Carriazo (wife), Carlos Julio Movilla
Vergara (son), José Antonio Movilla Vergara (son), Jenny del Carmen Movilla Vergara (daughter),
Leonor María Movilla de Sierra (sister), María de Jesús Movilla Barrera (sister), Florencia Movilla
Application of Article 63(1) of the American Convention.
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C No.
7, para. 25, and Case of Pavez Pavez v. Chile, supra, para. 161.
217
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 25 and 2, and Case of Cuya
Lavy et al. v. Peru. Preliminary objections, merits, reparations and costs. Judgment of September 28, 2021. Series C
No. 438, para. 186.
218
Cf. Case of Las Dos Erres Massacre v. Guatemala, supra, para. 226, and Case of Noguera et al. v. Paraguay,
supra, para. 88.
219
Cf. Case of I.V. v. Bolivia. Preliminary objections, merits, reparations and costs. Judgment of November 30,
2016. Series C No. 329, para. 326, and Case of Guzmán Albarracín et al. v. Ecuador. Merits, reparations and costs.
Judgment of June 24, 2020. Series C No. 405, para. 215.
220
Cf. Case of Ticona Estrada v. Bolivia, supra, para. 110, and Case of Azul Rojas Marín et al. v. Peru. Preliminary
objections, merits, reparations and costs. Judgment of March 12, 2020. Series C No. 402, para 224.
221
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 25 to 27, and Case of Azul
Rojas Marín et al. v. Peru, supra, para. 225.
215
216
51
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