X
REPARATIONS
(Application of Article 63(1) of the American Convention)
208. Based on the provisions of Article 63(1) of the American Convention, 315 the
Court has indicated that any violation of an international obligation which has
caused damage entails the duty to provide adequate reparation 316 and that this
provision “reflects a customary norm that is one of the fundamental principles of
contemporary International Law regarding the responsibility of the States.” 317
209. This Court has established that reparations must have a causal link with the
facts of the case, the declared violations, the proven damages and the measures
requested to repair the consequences of those damages. Therefore, the Court must
adhere to this premise in order to rule properly and according to law. 318
210. In consideration of the violations declared in the preceding chapters, the
Court shall address the requests for reparations submitted by the Commission and
the representatives. It shall also consider the State’s arguments, in light of the
criteria embodied in the Court’s case law regarding the nature and scope of the
obligation to make reparations, 319 in order to adopt the measures required to repair
the damage caused to the victims. As regards the State’s arguments, the Court
notes that the State only submitted specific pleadings on some reparation
measures requested. In all other respects, in general terms, Mexico requested the
Court to reject any request for reparation submitted by the Commission or the
petitioners.
A.
Injured Party
211. According to Article 63(1) of the American Convention, an injured party is a
party that has been declared a victim of the violation of a right enshrined in the
Convention. 320 The victims in this case are Messrs. Teodoro Cabrera García and
Rodolfo Montiel Flores, who shall be considered as beneficiaries of the reparations
ordered by this Court.
315
Article 63.1 of the Convention provides: “[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.”
316
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21,
1989. Series C Nº. 7, para. 25; Case of Rosendo Cantú et al. v. Mexico, supra note 30, para. 203; Case
of Ibsen Cárdenas and Ibsen Peña v. Bolivia, supra note 30, para. 231.
317
Cf. Case of the “Street Children” (Villagrán Morales et al) v. Guatemala. Reparations and Costs.
Judgment of May 26, 2001. Series C No. 77, para. 62; Case of Rosendo Cantú et al. v. Mexico, supra
note 30, para. 203; Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia, supra note 30, para. 231.
318
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, Reparations and Costs. Judgment of
November 27, 2008. Series C N° 191, para. 110; Case of Rosendo Cantú et al. v. Mexico, supra note
30, para. 204; Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia, supra note 30, para. 262.
319
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, supra note 316, para. 25
to 27; Case of Garrido and Baigorria v. Argentina, supra note 313, para. 43; Case of the “White Van”
(Paniagua Morales et al) v. Guatemala, supra note 30, paras. 76 to 79.
320
Cf. Case of Fernández Ortega et al. v. Mexico, supra note 39, para. 224; Case of Ibsen
Cárdenas and Ibsen Peña v. Bolivia, supra note 30, para. 232.
79
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