102
RCTV partners has not been clearly proved, the Court finds that, in this case, it has not been
proved that the State has violated the right to property of the presumed victims pursuant to
Article 21 of the Convention.
X.
REPARATIONS
(Application of Article 63(1) of the American Convention)
360. Based on the provisions of Article 63(1) of the American Convention,383 the Court has
indicated that any violation of an international obligation that has caused harm entails the
obligation to repair this adequately, 384 and that this provision reflects a customary rule that
constitutes one of the fundamental principles of contemporary international law on State
responsibility.385
361. The reparation of the harm caused by the violation of an international obligation
requires, whenever possible, full restitution (restitutio in integrum), which consists in the reestablishment 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 violated and
to redress the consequences of the harm that the violations have caused.386
362. This Court has established that reparations must have a causal nexus with the facts of
the case, the violations that have been declared, the harm that has been proved and the
measures requested to redress the respective harm. Therefore, the Court must observe this
concurrence to rule appropriately and pursuant to the law. 387
363. The Court has found it necessary to grant diverse measures of reparation in order to
redress the harm integrally, so that in addition to pecuniary compensation, measures of
satisfaction, restitution and rehabilitation as well as guarantees of non-repetition have special
relevance owing to the adverse effects and harm caused.388
364. Based on the violations of the American Convention declared in Chapters VII and VIII,
the Court will now examine the arguments and recommendations submitted by the Commission
and the claims of the representatives, as well as the arguments of the State, in light of the
criteria established in the Court’s case law concerning the nature and scope of the obligation to
make reparation,389 in order to establish measures aimed at redressing the harm caused to the
victims.
A)
Injured party
Article 63(1) of the Convention establishes that “[i]f 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.”
383
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C No.
7, para. 25, and Case of Cruz Sánchez et al. v. Peru, para. 451.
384
Cf. Case of Castillo Páez v. Peru. Reparations and costs. Judgment of November 27, 1998. Series C No. 43, para.
50, and Case of Cruz Sánchez et al. v. Peru, para. 451.
385
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, para. 26, and Case of Cruz Sánchez et al.
v. Peru, para. 452.
386
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 Cruz Sánchez et al. v. Peru, para. 453.
387
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001. Series C No.88,
paras. 79 to 81, and Case of Cruz Sánchez et al. v. Peru, para. 452.
388
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, paras. 25 to 27, and Case of Cruz Sánchez
et al. v. Peru, para. 454.
389