32
the Court finds that there was no violation of the principle of the public nature of the
proceedings established in Article 8(5) of the American Convention.
C. Conclusion
123. Based on the foregoing and taking into account that Messrs. Girón and Castillo did not
have an opportune defense and, particularly, that they were not guaranteed the right to a
professional defense in proceedings involving the death penalty, which resulted in the arbitrary
deprivation of life of the alleged victims, the Court finds that the State is responsible for the
violation of the rights recognized in Article 8(2)(d) and 8(2)(e) of the American Convention,
in relation to Article 4(1) of the Convention, and Article 1(1) and 2 of the Convention, to the
detriment of Roberto Girón and Pedro Castillo Mendoza. Finally, the Court considers that the
State did not violate Article 8(5) of the American Convention to the detriment of Roberto Girón
and Pedro Castillo Mendoza.
IX
REPARATIONS
124. Based on the provisions of Article 63(1) of the American Convention, the Court has
indicated that any violation of an international obligation that has caused harm entails the
obligation 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.116
125. The reparation of the harm caused by the violation of an international obligation
requires, whenever possible, full restitution (restitutio in integrum), which consists in reestablishment of the previous situation.117 If this is not possible, as in most cases of human
rights violations, this Court will determine measures to guarantee the rights that have been
violated and to redress the consequences of such violations.118 Therefore, the Court has found
it necessary to grant diverse measures of reparation in order to redress the harm
comprehensively; thus, in addition to pecuniary compensation, measures of restitution,
rehabilitation and satisfaction, and guarantees of non-repetition, have special relevance for
the harm caused.119
126. This Court has established that the reparations must have a causal nexus with the facts
of the case, the violations declared, the harm proved, and the measures requested to redress
the respective harm. Consequently, the Court must observe this concurrence in order to rule
appropriately and in keeping with law.120
127. Bearing in mind the violations declared in the previous chapters, the Court will proceed
to examine the claims presented by the Commission and the representatives, together with
the arguments of the State, in light of the criteria established in its case law concerning the
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C
No. 7, para. 25, and Case of Gorigoitía v. Argentina, supra, para. 59.
117
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, para. 26, and Case of Gorigoitía
v. Argentina, supra, para. 60.
118
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, para. 26, and Case of Gorigoitía
v. Argentina, supra, para. 60.
119
Cf. 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. 226, and Case of Gorigoitía v. Argentina, supra, para. 60.
120
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, reparations and costs. Judgment of November 27, 2008.
Series C No. 191, para. 110, and Case of Gorigoitía v. Argentina, supra, para. 61.
116