to appropriately repair it, and that this provision contains a customary norm that constitutes one
of the fundamental principles of contemporary International Law on State responsibility. 171
186. Reparation of the harm caused by the violation of an international obligation requires,
whenever possible, full restitution (restitutio in integrum), which consists in the restoration of the
previous condition. If this is not feasible, as happens in most cases of human rights violations,
this Court will determine measures to guarantee the violated rights and repair the consequences
resulting from those the violations. 172 Therefore, the Court has considered the need to grant
various measures of reparation, in order to compensate the damages in a comprehensive manner,
so that in addition to pecuniary compensation, the measures of restitution, rehabilitation,
satisfaction and guarantees of non-repetition have special relevance for the harm caused. 173
187. This Court has established that the reparations must have a causal link with the facts of
the case, the violations declared, the harm attributed, as well as the measures requested to repair
the respective damages. Therefore, the Court must observe said concurrence in order to issue due
judgment, in accordance with the law. 174
188. In consideration of the violations declared in the previous chapter, this Court will proceed
to analyze the claims of the Commission and the representatives, as well as the arguments of the
State, in light of the criteria established in the Court’s case law in relation to the nature and scope
of the obligation to repair, in order to provide the measures aimed at repairing the harm caused
to the victims. 175
A.
Injured party
189. This Court reiterates that the injured party, under the terms of Article 63(1) of the
Convention, is considered to be a victim of the violation of any right recognized therein. Therefore,
this Court considers as “injured party” Jorge Luis Cuya Lavy, Jean Aubert Díaz Alvarado, Marta
Silvana Rodríguez Ricse, and Walter Antonio Valenzuela Cerna, who, in their capacity as victims
of the violations declared in chapter VIII of this Judgment, will be considered beneficiaries of the
reparations ordered by the Court.
B.
Measures of restitution, satisfaction and guarantees of non-repetition
B.1 Measures of restitution
190. The Commission requested that the victims be reinstated to a position similar to that
held, with the same remuneration, social benefits and rank comparable to that which would
correspond to them today if they had not been removed. In the event that this is not the will of
the alleged victims or that there are objective reasons that prevent their reinstatement, the State
must pay compensation, which is independent of the reparations relating to pecuniary and nonpecuniary damage.
191.
The representatives requested that the State order:
171
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989. Series C No. 7,
para. 26, and Case of Garzón Guzmán v. Ecuador, supra, para. 95.
172
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, supra, and Case of Garzón Guzmán v.
Ecuador, supra, para. 96.
173
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 Bedoya Lima v. Colombia, supra, para. 164.
174
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 Bedoya Lima v. Colombia, supra, para. 165.
175
Cf. Case of Andrade Salmón v. Bolivia. Merits, Reparations and Costs. Judgment of December 1, 2016. Series C
No. 330, para. 189, and Case of Bedoya Lima v. Colombia, supra, para. 166.
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