liberty enshrined in Article 7(1), 7(2) and 7(5) of the American Convention, in relation to
Article 1(1) thereof to his detriment.
221. Given the ruling, the Court deems that it is not necessary to rule on the alleged violation
of paragraphs 3 and 4 of Article 7 of the American Convention.
222. Lastly, the representatives argued the violation of Articles 7(6) and 25(1) of the
American Convention, due to the rejection of a writ of habeas corpus filed by the alleged
victim’s defense counsel, based on the alleged torture and abuse suffered by the Mr.
Valenzuela that, in fact, refers to aspects of humane treatment, which have already been
examined with respect to Article 5 of the Convention. Therefore, these arguments will not be
examined.
C. Conclusion
223. This Court concludes that the State is responsible for the violation of the right to
personal liberty enshrined in Articles 7(1), 7(2) and 7(5) of the American Convention, in
relation to Article 1(1) thereof, to the detriment of Tirso Román Valenzuela Ávila.
IX
REPARATIONS183
224. 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 damage 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.184
225. Reparation for damages caused by a violation of an international obligation requires,
whenever possible, full restitution (restitutio in integrum), which is to reinstate the situation
that existed prior to the commission of the violation. If this is not feasible, as occurs in most
cases of human rights violations, this Court will order measures to safeguard the violated
rights and repair the consequences that the violations produced. 185 Therefore, the Court has
considered the need to grant various measures of reparation, in order to compensate the
damage in a comprehensive manner, so that in addition to pecuniary compensation, the
measures of restitution, rehabilitation, satisfaction and guarantees of non-repetition have
special relevance to the damage caused.186
226. This Court has established that the reparations must have a causal link with the facts
of the case, the alleged violations, the proven damages, as well as with the measures
requested to repair the resulting damages. Therefore, the Court must observe such
coincidence in order to adjudge and declare according to law. 187
Article 63 of the American Convention.
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.
185
Cf. Case of Velásquez Rodríguez v. Honduras, supra, para. 26, and Case of Gorigoitía v. Argentina, supra,
para. 60.
186
Cf. Case of Cantoral Benavides v. Peru. Reparations and Costs. Judgment of December 3, 2001. Series C No.
88, paras. 79 to 81, and Case of Gorigoitía v. Argentina, supra, para. 60.
187
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, Reparations and Costs. Judgment of November 27,
2008. Series No. 191, para. 110, and Case of Gorigoitía v. Argentina, supra, para. 61.
183
184
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