120. In short, the Court concludes that, in the instant case, there was a lack of due
diligence on the part of the State authorities due to the absence of judicial control
immediately after Mr. López’s arrest, as well as shortcomings in the subsequent forensic
investigations into the reported acts of torture suffered by Mr. López, which have
hindered the investigation, prosecution and eventual conviction of the perpetrators.
121. Secondly, with regard to the alleged failure to observe the required reasonable
period of time, this Court notes that in this case more than 22 years have elapsed since
the events occurred without a final judgment having been handed down. Therefore, the
standards for reasonableness have been breached, without there being compelling
reasons that warrant an analysis of the period of time involved based on the criteria
developed in inter-American case law. 209 More than two decades after the events took
place, the case remains in total impunity and, consequently, the Court finds it evident
that the criminal proceedings were not conducted within a reasonable time.
122. Therefore, the Court concludes that the shortcomings in the investigation, and the
failure to comply with the “reasonable time” requirement of the criminal proceedings
that means that the acts of torture suffered by Mr. López remain in total impunity, reflect
a clear denial of justice to the victim in the instant case, which constituted a violation of
Articles 8(1) and 25 of the Convention, read in conjunction with Article 1(1) thereof, as
well as a breach of the obligations assumed under Articles 1, 6 and 8 of the InterAmerican Convention to Prevent and Punish Torture, to the detriment of Jorge Luis López
Sosa.
VII
REPARATIONS
123. Based on the provisions of Article 63(1) of the American Convention, the Court has
held that any violation of an international obligation that has caused harm entails the
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. 210
124. Reparation for the harm caused by the breach of an international obligation
requires, whenever possible, full restitution (restitutio in integrum), which consists of
reestablishing the situation prior to the violation. If this is not feasible, as occurs in the
majority of cases of human rights violations, the Court may order measures to protect
the rights that have been violated and repair the harm caused. 211 Accordingly, the Court
has considered the need to provide different types of reparation in order to fully redress
the damage; thus, in addition to pecuniary compensation, other types of measures such
209
See, for illustrative purposes, Case of the Village of Los Josefinos Massacre v. Guatemala. Preliminary
objection, merits, reparations and costs. Judgment of November 3, 2021. Series C No. 442, para. 113, and
Case of Benites Cabrera et al. v. Peru. Preliminary objections, merits, reparations and costs. Judgment of
October 4, 2022. Series C No. 465, para. 101.
210
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989.
Series C No. 7, para. 25, and Case of Olivera Fuentes v. Peru. Preliminary objections, merits, reparations and
costs. Judgment of February 4, 2023. Series C No. 484, para. 130.
211
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 2 and 25, and
Case of Nissen Pessolani v. Paraguay, Merits, reparations and costs. Judgment of November 21, 2022. Series
C No. 477, para. 124.
37