114
next of kin of Myrna Mack Chang must be considered victims because the State has
damaged their psychological and moral integrity.273
233. Pursuant to the above, the Court arrives at the conclusion that the State
violated Article 5(1) of the American Convention, in combination with Article 1(1) of
that same Convention, to the detriment of the following next of kin of Myrna Mack
Chang: Lucrecia Hernández Mack, Yam Mack Choy, Zoila Chang Lau, Helen Mack
Chang, Marco Mack Chang, Freddy Mack Chang and Ronald Chang Apuy.
XII
APPLICATION OF ARTICLE 63(1)
234. Pursuant to the foregoing explanation in the previous chapters, the Court
found that the State is responsible for violation of Article 4 of the Convention to the
detriment of Myrna Mack Chang and of Articles 5, 8 and 25 of that same Convention
to the detriment of her next of kin, all of them in combination with Article 1(1) of the
American Convention. In its case law, this Court has established that it is a principle
of International Law that any violation to an international obligation that has caused
damage entails the duty to provide adequate reparation.274 For this, the Court has
based itself on Article 63(1) of the American Convention, according to which,
[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.
235. As the Court has stated, Article 63(1) of the American Convention contains a
common-law provision that constitutes one of the fundamental principles of
contemporary International Law regarding the responsibility of the States. According
to it, when an illegal act attributable to the State takes place, the latter immediately
incurs a responsibility for the violation of the international provision involved, with
the attendant duty of providing reparations and of making the consequences of said
violation cease.275
236. Reparation of the damage caused by infringement of an international obligation
requires, whenever possible, full restitution (restitutio in integrum), which consists of
reestablishing the previous situation, If this is not possible, as in the instant case, it
is for the international court to determine a set of measures, in addition to ensuring
the rights abridged, to address the consequences of the infractions, as well as
ordering payment of a compensation for the damage caused.276 The State under the
obligation cannot invoke domestic legal provisions to modify or avoid complying with
its obligations to redress, which are regulated in all their aspects (scope, nature,
modes, and establishment of the beneficiaries) by International Law.277
273
Cf. Juan Humberto Sánchez Case, supra note 9, para. 101; Bámaca Velásquez Case, supra note
250, para. 162; and Eur. Court H.R., Kurt v. Turkey judgment of 25 May 1998, Reports of Judgments and
Decisions 1998-III, paras. 130-134.
274
Cf. Bulacio Case, supra note 9, para. 70; Juan Humberto Sánchez Case, supra note 9, para. 147;
and “Five Pensioners” Case, supra note 9, para. 173.
275
Cf. Bulacio Case, supra note 9, para. 71; Juan Humberto Sánchez Case, supra note 9, para. 148;
and “Five Pensioners” Case, supra note 9, para. 174.
276
Cf. Bulacio Case, supra note 9, para. 72; Juan Humberto Sánchez Case, supra note 9, para. 149;
and Las Palmeras Case. Reparations, supra note 10, para. 38.
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