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in the terms of Article 5(1) of the American Convention. Regarding the other family
members, insufficient evidence has been provided to allow the Court to establish an
additional violation of their right to personal integrity, beyond that already
acknowledged by the State. In addition, the Court considers that the exile endured by
Iván Cepeda and Claudia Girón owing to the unsafe situation related to their search for
justice resulted in a violation of Article 22(1) of the Convention, in relation to Article
1(1) thereof, to their detriment. Lastly, the Court concludes that the State is
responsible for the violation of Article 11 of the American Convention to the detriment
of the next of kin of Senator Cepeda Vargas.
V
REPARATIONS
(Application of Article 63(1) of the American Convention)
211. Based on the provisions of Article 63(1) of the American Convention,309 the
Court has indicated that any violation of an international obligation that has caused
damage entails the obligation to repair it adequately,310 and that this “provision
embodies a norm of customary law that is one of the basic principles of contemporary
international law on State responsibility.”311
A.
INJURED PARTY
212. Since no dispute subsists in this regard, the Court considers that the “injured
parties” are Manuel Cepeda Vargas and his next of kin as follows: Iván Cepeda Castro,
María Cepeda Castro, Olga Navia Soto (deceased), Claudia Girón Ortiz, María Estella
Cepeda Vargas, Ruth Cepeda Vargas, Gloria María Cepeda Vargas, Álvaro Cepeda
Vargas and Cecilia Cepeda Vargas (deceased). All of them will be beneficiaries of the
reparations ordered by this Court.
213. Taking into account the State’s partial acknowledgement of responsibility and
the findings concerning this acknowledgement, as well as the merits of the case and
the violations of the Convention declared in the corresponding chapters, the Court has
examined the claims submitted by the Commission and the representatives and the
State’s arguments in this regard in light of the criteria established in the Court’s case
law concerning the nature and scope of the obligation to repair,312 and will proceed to
order measures tending to repair the said violations.
309
Article 63(1) of the Conventions stipulates that “[i]f the Court finds that there has been a violation of a right
or freedom protected by this 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.”
310
Cf. Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C No. 7,
para. 25; Case of the Dos Erres Massacre v. Guatemala, supra note 57, para. 223, and Case of Radilla Pacheco v.
Mexico, supra note 24, para. 327.
311
Case of Bámaca Velásquez v. Guatemala. Reparations and costs, supra note 56, para. 38. Also, Cf. Cesti
Hurtado v. Peru. Reparations and costs. Judgment of May 31, 2001. Series C No. 78, para. 35, and Case of La
Cantuta v. Peru, supra note 180, para. 200.
312
Cf. Case of Velásquez Rodríguez. Reparations and costs, supra note 310, paras. 25 to 27; Case of the Dos
Erres Massacre vs. Guatemala, supra note 57, para. 228, and Dacosta Cadogan v. Barbados. Preliminary objections,
merits, reparations and costs. Judgment of September 24, 2009. Series C No. 204, para. 95.
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