- 91 287. The reparation of the harm caused by the violation of an international obligation requires,
whenever this is possible, full restitution (restitutio in integrum), which consists in re-establishment
of the previous situation. If this is not feasible, as in most cases of human rights violations, the
Court will determine measures to ensure the rights that have been infringed, and to redress the
consequences of the resulting harm.451 Consequently, the Court has considered it necessary to
award different measures of reparation in order to repair the harm fully; thus, in addition to
pecuniary compensation, measures of restitution and satisfaction and guarantees of non-repetition
are particularly relevant in view of the harm caused.452
288. The Court has established that reparations must have a causal nexus with the facts of the
case, the violations that have been declared, the harm proved, and also the measures requested to
redress the respective damage. The Court must observe this concurrence in order to rule
appropriately and in accordance with the law.453
289. Based on the violations declared in the preceding chapters, the Court will proceed to examine
the claims presented by the Commission and the representatives, as well as the arguments of the
State, in light of the criteria established in its case law as regards the nature and scope of the
obligation to make reparation,454 in order to establish measures to redress the harm caused to the
victims.
A. Injured party
290. The Court reiterates that, pursuant to Article 63(1) of the Convention, the injured party is
considered those who have been declared victims of the violation of any right recognized therein.455
Therefore, the Court consider that Tirza del Carmen Flores Lanza, Adán Guillermo López Lone, Luis
Alonso Chévez de la Rocha and Ramón Enrique Barrios Maldonado are the “injured party” and, in
their capacity as victims of the violations declared in Chapters VII-1, VII-2 and VII-3, they will be
the beneficiaries of the following reparations ordered by the Court.
B. General arguments of the State
291. The State did not present specific arguments about all the measures of reparation requested
by the Commission and the representatives. In general, it argued that “trying to assert that [the
events constitute] a wrongful act that can be attributed to the State […] is manipulating the vision
and analysis that has been made of the events in which the petitioners were involved, acting
irresponsibly, violating the restrictions that, in the exercise of their functions, are established by the
pertinent law and regulations.” Therefore, it argued that “in view of the offenses committed by the
petitioners and the incompatibility of these offenses with domestic law, no reparation is in order.”
C. Measures of integral reparation: restitution, satisfaction and guarantees of nonrepetition
451
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, para. 26, and Case of Omar Humberto
Maldonado Vargas et al. v. Chile, supra, para. 150.
452
Cf. Case of Las Dos Erres Massacre v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment of
November 24, 2009. Series C No. 211, para. 226, and Case of Omar Humberto Maldonado Vargas et al. v. Chile, supra,
para. 150.
453
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 Omar Humberto Maldonado Vargas et al. v. Chile, supra, para. 149.
454
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, supra, paras. 25 to 27, and Case of Omar
Humberto Maldonado Vargas et al. v. Chile, supra, para. 151.
455
Cf. Case of the La Rochela Massacre v. Colombia, supra, para. 233, and Case of Omar Humberto Maldonado Vargas et
al. v. Chile, supra, para. 153.