102
regulated in all its aspects by international law (scope, nature, manner, and
determination of beneficiaries) and cannot be modified by the State nor can it refuse
to comply by invoking domestic legal provisions.46
40.
Regarding the violation of the right to life and other rights (personal liberty
and humane treatment, right to fair trial and to judicial protection), if restitutio in
integrum is not possible and given the nature of the right infringed, reparation is
made, inter alia, according to international case law, by means of just
indemnification or monetary compensation, to which positive measures by the State
must be added to ensure that damaging acts such as those of the instant case do not
take place again.47
41.
Reparations, as their name suggests, are measures that tend to make the
effects of violations that were committed disappear. Their nature and amount
depend on the damage caused both on a pecuniary and on a non-pecuniary level.
Reparations cannot involve enrichment nor impoverishment of the victim or his
successors.48 In this regard, reparations to be determined in this Judgment must be
in relation to the violations declared in the judgment on the merits rendered by the
Court on November 25, 2000 (supra 2).
VIII
REPARATIONS
42.
In accordance with the probatory elements gathered during the various
stages of the proceedings and in light of the criteria set forth by this Court in its case
law, the Court will now analyze the claims filed by the parties during this stage of the
proceedings, so as to determine the measures of reparation pertaining to the
pecuniary and non-pecuniary damages and other forms of reparation.
A) PECUNIARY DAMAGE
43.
In this section, the Court will now decide on pecuniary damages, which
involve the loss of or detriment to the victims income, the expenses incurred as a
result of the facts, and the monetary consequences that have a causal nexus with
the facts of the sub judice case.49 For this, the Court will set an amount of
indemnification that will seek to compensate for the patrimonial consequences of the
violations that were declared in the November 25, 2000 Judgment.
Arguments of the representatives of the victims
46
See Cantoral Benavides Case, Reparations, supra note 5, para. 41; Cesti Hurtado Case,
Reparations, supra note 5, para. 34; and Villagrán Morales et al. Case, Reparations, supra note 5, para.
61.
47
See Paniagua Morales et al. Case, Reparations, supra note 5, para. 80; Castillo Páez Case,
Reparations, supra note 6, para. 52; and Garrido and Baigorria Case. Reparations (Art. 63(1) American
Convention on Human Rights). August 27, 1998. C Series No. 39, para. 41.
48
See Cantoral Benavides Case, Reparations, supra note 5, para. 42; Cesti Hurtado Case,
Reparations, supra note 5, para. 36; and Villagrán Morales et al. Case, Reparations, supra note 5, para.
63.
49
See Paniagua Morales et al. Case, Reparations, supra note 5, para. 99 and 169; and Castillo Páez
Case, Reparations, supra note 6, para. 76.