99
Oyague-Fierro, Marcelino Rosales-Cárdenas, Bertila Lozano-Torres, Luis Enrique Ortiz-Perea,
Armando Richard Amaro-Cóndor, Robert Edgar Teodoro-Espinoza, Heráclides Pablo-Meza,
Juan Gabriel Mariños-Figueroa, and Felipe Flores-Chipana (supra para. 116). The State
further breached the rights established in Articles 5(1), 8(1) and 25 of the American
Convention, in relation to Article 1(1) thereof, to the detriment of the above-named
persons’ next of kin (supra paras. 112, 129 and 161).
199. It is a principle of International Law that any breach of an international obligation
resulting in harm gives rise to the duty to adequately redress such harm.158 The Court has
based its decisions on this issue on Article 63(1) of the American Convention, under which:
[i]f the Court finds that there has been a violation of a right or freedom protected by [the]
Convention, the Court shall rule that the injured party be ensured the enjoyment of his right of
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.
200. Article 63(1) of the American Convention embodies an accepted tenet that is a
fundamental principle of the contemporary International Law on the responsibility of States.
The occurrence of a wrongful act that is attributable to a State gives rise to the State’s
international liability, and its resulting duty to make reparation for and remove the
consequences of the violation.159 The obligation to compensate is governed by International
Law and it may be neither modified nor disregarded by the State in reliance upon its
domestic law.160
201. The reparation of the damage flowing from a breach of an international obligation
calls for, if practicable, full restitution (restitutio in integrum), which consists in restoring a
previously-existing situation. If not feasible, the international court will then be required to
define a set of measures such that, in addition to ensuring the enjoyment of the rights that
were violated, the consequences of those breaches may be remedied and compensation
provided for the damage thereby caused.161 In addition, there is also the State’s obligation
to adopt affirmative measures to guarantee that no injurious occurrences such as those
analyzed in the case at hand will take place in the future.162
202. Reparations are measures aimed at removing the effects of the violations. Their
nature and amount are dependent upon the specifics of the violation and the damage
inflicted at both the pecuniary and non pecuniary levels. These measures may neither enrich
158
Cf. Case of Goiburú et al., supra note 1, para. 140; Case of Montero-Aranguren et al. (Detention Center of
Catia), supra note 97, para. 115, and Case of Ximenes-Lopes, supra note 6, para. 208.
159
Cf. Case of Goiburú et al., supra note 1, para. 141; Case of Ximenes-Lopes, supra note 6, para. 209; and
Case of Ituango Massacress, supra note 8, para. 346.
160
Cf. Case of Goiburú et al., supra note 1, para. 141; Case of Montero-Aranguren et al. (Detention Center of
Catia), supra note 97, para. 117, and Case of Ximenes-Lopes, supra note 6, para. 209.
161
Cf. Case of Goiburú et al., supra note 1, para. 142; Case of Montero-Aranguren et al. (Detention Center of
Catia), supra note 97, para. 117, y Case of Ximenes-Lopes, supra note 6, para. 209.
162
Cf. Case of Almonacid-Arellano et al., supra note 6, para. 136; Case of Goiburú et al., supra note 1, para.
142; and Case of Baldeón-García. Judgment of April 06, 2006. Series C No. 147, para. 176.
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