101. Based on the foregoing, and taking into account that the State itself recognizes and
emphasizes that the arrest and detention of José Delfín Acosta Martínez were based on
discriminatory motives, this Court finds that Articles 7(1), 7(3), and 24 were violated in
relation to Article 1(1) of the Convention, to the detriment of Mr. Acosta Martínez.
B.3. Conclusion
102. Taking into account the acknowledgment of responsibility by the State and the
foregoing considerations, the Court concludes that the arrest and deprivation of liberty of
Mr. Acosta Martínez were carried out based on a legal provision that does not comply with
the requirements of the Convention. Likewise, the broadness of the provisions regulating
police authority to detain people for committing offenses enabled the use of racial profiling
and detentions based on discriminatory practices, for which reason the detention was also
arbitrary and discriminatory.
103. The State is therefore responsible for the violations of the rights recognized in Articles
7(1), 7(2), 7(3), and 24 of the American Convention, in relation to the general obligations
contained in Articles 1(1) and 2 of the Convention, to the detriment of José Delfín Acosta
Martínez. Likewise, based on the State’s acknowledgment of responsibility, the Court recalls
that Argentina is responsible for the violation of Article 7(4) of the Convention to the
detriment of Mr. Acosta Martínez.
VIII
REPARATIONS
104. Based on Article 63(1) of the American Convention, the Court has indicated that any
violation of an international obligation that has caused harm entails the duty to make
adequate reparation and that this provision reflects a customary norm that constitutes one
of the fundamental principles of contemporary international law on State responsibility.156
This Court has also established that reparations should have a causal nexus with the facts
of the case, the violations declared, the harm proved, and the measures requested to
redress the respective harm. Accordingly, the Court must analyze the concurrence of these
factors in order to rule appropriately and in keeping with law.157
105. Consequently, based on its considerations on the merits and the violations of the
Convention declared in this judgment, the Court will proceed to examine the claims
presented by the Commission and the victims’ representatives, together with the
corresponding observations of the State, in light of the criteria established in its case law on
the nature and scope of the obligation to make reparation, in order to establish measures
to redress the harm caused to the victims.
A.
Injured party
106. Under the terms of Article 63(1) of the Convention, this Court considers as injured
party anyone who has been declared a victim of the violation of any right recognized therein.
Therefore, this Court considers José Delfín Acosta Martínez, Ángel Acosta Martínez, and
Blanca Rosa Martínezas to be the “injured parties” and, as victims of the violations declared
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989. Series
C No. 7, paras. 24 and 25, and Case of Valle Ambrosio et al. v. Argentina, supra, para. 55.
156
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 Valle Ambrosio et al. v. Argentina, supra, para. 57.
157
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