171. In conclusion, the Court considers that the girl suffered institutional violence during the judicial
procedure, in particular, following the first forensic medical examination, the first interview with
Prosecutor N.T.A. and her interrogation during the second hearing. The girl and her family turned to
the judicial system seeking protection and to obtain restitution of her violated rights. However, not
only did the State not comply with the enhanced due diligence and special protection required in the
judicial process where a situation of sexual violence was investigated, but it responded with a new
form of violence. In this regard, in addition to the violation of the right of access to justice without
discrimination, the Court considers that the State exercised institutional violence, causing greater
harm and multiplying the traumatic experience suffered by Brisa. Consequently, this Court
determines that the re-victimizing acts carried out by state officers to the detriment of Brisa De
Angulo Losada constituted institutional violence and must be classified, taking into account the
magnitude of the suffering caused, as cruel, inhuman and degrading treatment pursuant to Article
5(2) of the American Convention, as established in Article 1(1) thereof.
B.5 Conclusion
172. In view of the above, the Court considers that Bolivia is responsible for the violation of the
rights to humane treatment, to a fair trial, to private and family life, to the rights of the child, to
equality before the law and judicial protection, pursuant to Articles 5(1), 5(2), 8(1), 11(2), 19, 24
and 25(1) of the American Convention on Human Rights, as established in Articles 1(1) and 2 thereof,
as well as the breach of the obligations derived from Articles 7(b), 7(c), 7(e) and 7(f) of the
Convention of Belém do Pará, to the detriment of Brisa De Angulo Losada.
VIII
REPARATIONS
173. 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 duty to adequately
repair it, and that this provision includes a customary norm that constitutes one of the fundamental
principles of contemporary International Law on the responsibility of a State.310
174. Reparation for harm caused by the breach of an international obligation requires, whenever
possible, full restitution (restitutio in integrum), which consists of the restoration of the original
condition. If this is not feasible, as occurs in most cases of human rights violations, the Court will
determine measures to guarantee the violated rights and repair the consequences produced by the
violations.311 Therefore, the Court has considered the need to grant various measures of reparation
in order to comprehensively compensate for the harm, which is why, in addition to pecuniary
compensation, measures of restitution, rehabilitation, satisfaction and guarantees of non-repetition
have special relevance for the damages caused.312
175. The Court has established that reparations must have a causal link with the facts of the case,
the declared violations, the proven damages, as well as the measures requested to repair the
respective damages. Therefore, the Court must observe said concurrence to rule appropriately and
in accordance with law.313 The Court also considers that reparations must include an analysis that
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989. Series C No. 7,
para. 25, and Case of Aroca Palma et al. v. Ecuador. Preliminary Objection, Merits, Reparations and Costs. Judgment of
November 8, 2022. Series C No. 471, para. 120.
310
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, supra, paras. 25 and 2, and Case of Aroca Palma
et al. v. Ecuador, supra, para. 121.
311
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 Aroca Palma et al. v. Ecuador, supra, para. 121.
312
313
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 Aroca Palma et al. v. Ecuador, supra, para. 121.
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