48 APPLICATION OF ARTICLE 63(1) 141. As stated in the preceding chapters, the Court has found that the facts of this case violate Articles 5, 7, 8, and 25 of the American Convention, in relation to Articles 1(1) thereof and Articles 1, 6 and 8 of the Inter-American Convention against Torture, to the detriment of Maritza Urrutia. The Court has established in its consistent case law that it is a principle of international law that any violation of an international obligation that has caused damage gives rise to a new obligation: to remedy the damage caused adequately.102 To this end, the Court has based itself on Article 63(1) of the American Convention, according to which: If 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. 142. Article 63(1) of the American Convention contains a norm of customary law that is one of the fundamental principles of contemporary international law on State responsibility. When an unlawful act occurs, which can be attributed to a State, this gives rise to its international responsibility for violating the international norm, with the consequent obligation to cause the consequences of the violation to cease and to repair the damage caused.103 143. Whenever possible, reparation of the damage caused by the violation of an international obligation requires full restitution (restitutio in integrum), which consists in the re-establishment of the previous situation. If this is not possible, as in the instant case, this international Court must order the adoption of measures to ensure that, in addition to guaranteeing respect for the violated rights, the consequences of the violations are remedied and compensation is paid for the damage caused.104 The responsible State may not invoke provisions of domestic law to modify or fail to comply with its obligation to provide reparation, all aspects of which (scope, nature, methods and determination of the beneficiaries) are regulated by international law.105 102 Cf. Bulacio case, supra note 14, para. 70; Juan Humberto Sánchez case, supra note 14, para. 147; and “Five Pensioners” case, supra note 14, para. 173. 103 Cf. Bulacio case, supra note 14, para. 71; Juan Humberto Sánchez case, supra note 14, para. 148; and “Five Pensioners” case, supra note 14, para. 174. 104 Cf. Bulacio case, supra note 14, para. 72; Juan Humberto Sánchez case, supra note 14, para. 149; and Las Palmeras case. Reparations, supra note 15, para. 38. 105 Cf., inter alia, Bulacio case, supra note 14, para. 72; Juan Humberto Sánchez case, supra note 14, para. 149; Cantos case, supra note 90, para. 68; Las Palmeras case. Reparations, supra note 15, para. 38; El Caracazo case. Reparations (Art. 63(1) of the American Convention on Human Rights). Judgment of August 29, 2002. Series C No. 95, para. 77; Hilaire, Constantine and Benjamin et al. case, supra note 92, para. 203; Trujillo Oroza case. Reparations, supra note 97, para. 61; Bámaca Velásquez case. Reparations (Art. 63(1) of the American Convention on Human Rights). Judgment of February 22, 2002. Series C No. 91, para. 39; Cantoral Benavides case. Reparations (Art. 63(1) of the American Convention on Human Rights). Judgment of December 3, 2001. Series C No. 88, para. 41; Cesti Hurtado case. Reparations (Art. 63(1) of the American Convention on Human Rights). Judgment of May 31, 2001. Series C No. 78, para. 34; the “Street Children” case (Villagrán Morales et al.). Reparations (Art. 63(1) of the American Convention on Human Rights). Judgment of May 26, 2001. Series C No. 77, para. 61; the “White Van” case (Paniagua Morales et al.). Reparations (Art. 63(1) of the American Convention on Human Rights). Judgment of May 25, 2001. Series C No. 76, para. 77; and Blake case. Reparations (Art. 63(1) of the American Convention on Human Rights). Judgment of January 22, 1999. Series C No. 48, para. 32.

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