88
before notary public by the next of kin. In this regard, they requested the Court to
take into account all the measures of satisfaction and non-repetition that the victims’
next of kin had requested in their testimonies. Lastly, they stated that, in relation to
the beneficiaries, in addition to the persons mentioned by the Commission in its
application, “all the next of kin should also be compensated if the circumstances
warrant it.”
137. The representatives also requested the Court to order the State to reimburse
the expenses and costs in which the victims’ next of kin and their representatives
incurred at the domestic level. In that regard, they indicated that both the Comité de
Iglesias para Ayudas de Emergencias and Global Rights had incurred expenses for
more than 16 years.
The State’s arguments
138. The State indicated that it had made significant efforts to make reparation to
the victims of grave human rights violations during the dictatorship or, when
applicable, their next of kin, in particular within the framework of the friendly
settlement procedure or, in general, through non-pecuniary reparation. It had also
named the square on one side of the Government Palace the “Plaza de los
Desaparecidos” and created the Center of Documentation and Files for the Defense
of Human Rights, where the “Terror Files” are kept. Finally, it mentioned that, on
October 6, 2003, Act 2225 was adopted, “creating the Truth and Justice
Commission” (supra para. 41).
The Court’s findings
139. In light of the State’s acknowledgement of international responsibility (supra
para. 41 to 51), and in accordance with the findings on merits described in the
preceding chapters, the Court declares that the State is responsible for the violation
of Articles 4(1) (Right to Life), 5(1) and 5(2) (Right to Humane Treatment) and 7
(Right to Personal Liberty) of the Convention, in relation to Article 1(1) (Obligation to
Respect Rights) thereof, to the detriment of Agustín Goiburú Giménez, Carlos José
Mancuello Bareiro, and Rodolfo and Benjamín Ramírez Villalba (supra para. 94). In
addition, the State violated the rights embodied in Articles 5(1) (Right to Humane
Treatment), 8(1) (Right to a Fair Trial) and 25 (Judicial Protection) of the American
Convention, in relation to Article 1(1) (Obligation to Respect Rights) thereof, to the
detriment of the aforementioned and their next of kin (supra paras. 133).
140. It is a principle of international law that any violation of an international
obligation that has produced damage entails the obligation to repair it adequately.88
The Court has based its decision in this regard on Article 63(1) of the American
Convention, which establishes that:
If 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.
88
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 3, para. 115; Case
of Ximenes Lopes, supra note 8, para. 208, and Case of Baldeón García, supra note 6, para. 174.
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