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.