of the rights to judicial guarantees and judicial protection recognized in Articles 8(1) and 25
of the American Convention, to the detriment of the next of kin of Mrs. María Inés Chinchilla
Sandoval, namely, Marta María Gantenbein Chinchilla, Luz de María Juárez Chinchilla and Luis
Mariano Juárez Chinchilla.
VIII
REPARATIONS
(Application of Article 63 (1) of the American Convention)
261.
Based on the provisions of Article 63 (1) of the American Convention, 360 the Court
has indicated that any violation of an international obligation that has produced harm entails
the obligation to make adequate reparation 361 and that this provision reflects a customary
norm that constitutes one of the fundamental principles of contemporary international law on
State responsibility.362
262.
The reparation of the harm caused by the violation of an international obligation
requires, whenever possible, full restitution (restitutio in integrum), which consists of the reestablishment of the previous situation. If this is not feasible, the Court will determine
measures to guarantee the rights that have been violated and to redress the consequences of
those violations.363 The reparations must have a causal nexus with the facts of the case, the
violations declared, the damages proven and the measures requested to repair the resulting
harm.364
263.
Considering the violations of the Convention declared in the foregoing chapters,
the Court will proceed to examine the claims presented by the Commission and the
representatives, and the arguments of the State, in light of the criteria established in its case
law regarding the nature and scope of the obligation to make reparation, so as to establish
measures aimed at redressing the harm caused to the victims.365
A.
Injured party
264.
Under the terms of Article 63(1) of the Convention, the Court considers as injured
party anyone who has been declared a victim of the violation of any right recognized therein.
Article 63(1) of the American Convention 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.”
360
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C
No. 7, para. 25, and Case of the Kaliña and Lokono Peoples v. Suriname, supra, para. 269.
361
Cf. Case Velásquez Rodríguez v. Honduras. Reparations and Costs, supra, para. 25, and Case of the Kaliña
and Lokono Peoples v. Suriname, supra, para. 269.
362
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, supra, para. 26, and Case of
Quispialaya Vilcapoma v. Peru, supra, para. 252.
363
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, reparations and costs. Judgment of November 27, 2008.
Series C No. 191, para. 110, and Case of the Kaliña and Lokono Peoples v. Suriname, supra, para. 270.
364
Cf. Case of Velásquez Rodríguez. Reparations and costs, supra, paras. 25 to 27, and Case of the Kaliña and
Lokono Peoples v. Suriname, supra, para. 271.
365
84