-28118. The Court has generally considered the following elements to determine the reasonableness
of the term: a) complexity of the matter; b) procedural activity of the interested party; c) conduct
of the judicial authorities, and d) affectation generated in the legal situation of the person involved
in the process. In the instant case, the ruling of the Constitutional Division that reinstated Mr.
Colindres Schonenberg after the first dismissal declared admissible “the civil action for
compensation of damages against the State.162 As the Civil Chamber pointed out when deciding
the appeal, the decision of the Constitutional Division gave him “a right […] to obtain compensation
for the damage, and this is specified in the civil proceeding at hand.”163 Indeed, the controversy
in the civil process was only for the value of the damages, so it was not a complex process.
Additionally, the Court notes that the State has not shown that the delay is due to the procedural
activity of the alleged victim. Consequently, the Court considers that it is not necessary to carry
out a detailed analysis of the elements related to the reasonable time mentioned above, since it
considers it evident that a term of fifteen years to resolve and execute a proceeding for damages
constitutes a violation of reasonable time.
119. Consequently, the State violated the right to judicial guarantees established in Article 8(1),
in relation to Article 1(1) of the American Convention, with respect to Mr. Eduardo Benjamín
Colindres Schonenberg.
VII
REPARATIONS
(Application of Article 63(1) of the American Convention)
120. Based on Article 63(1) of the American Convention,164 the Court has indicated that any
violation of an international obligation that has caused damage entails the duty to adequately
remedy it, and that this provision includes a customary norm that constitutes one of the principles
of contemporary International Law in relation to a State's responsibility.165 Likewise, this Court
has established that the reparations must have a causal link with the facts of the case, the alleged
violations, the proven damages, as well as the measures requested to repair the resulting
damages.166 Therefore, the Court must observe such coincidence in order to adjudge and declare
according to law.167
121. Consequently, and without prejudice to any form of reparation that is subsequently agreed
upon between the State and the victim, and in accordance with the considerations set forth on
the merits and the violations of the Convention declared in this judgment, the Court will proceed
to examine the arguments of the parties and the Commission, in light of the criteria established
Cf. Resolution of the Constitutional Division of November 4, 1997 (evidence file, folio 375).
Cf. Judgment of the Civil Chamber of the Supreme Court of Justice of June 13, 2001 (evidence file, folios 1669).
See in the same vein, Judgment of the First Civil Chamber of the First Section of the Center of December 23, 1999
(evidence file, folio 1636).
164
Article 63(1) of the American Convention provides: “[i]f the Court finds that there has been a violation of a
right
or
freedom
protected
by
[the]
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.”
165
Cf. Case of Velásquez-Rodríguez v. Honduras Reparations and Costs. Judgment of July 21, 1989. Series C No.
7, para. 24 and 25, and Case of Órdenes Guerra et al. v. Chile. Merits, Reparations, and Costs. Judgment of November
29, 2018. Series C No. 372, para. 103.
166
Cf. Case of Ticona Estrada et al. v. Bolivia, Merits, Reparations, and Costs. Judgment of November 27, 2008.
Series C No. 191, para. 25, and Case of Órdenes Guerra et al. v. Chile. Merits, Reparations, and Costs. Judgment of
November 29, 2018. Series C No. 372, para. 104.
167
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, Reparations, and Costs. Judgment of November 27, 2008.
Series C No. 191, para. 25, and Case of Órdenes Guerra et al. v. Chile. Merits, Reparations, and Costs. Judgment of
November 29, 2018. Series C No. 372, para. 104.
162
163