ANNEX – International and regional human rights systems The Court has already determined that complainants whose rights have been violated are entitled to just satisfaction. In some instances, it has found that a finding of a violation in itself constituted “just satisfaction”, in other cases it has awarded both pecuniary and non-pecuniary damages. In respect of claims for the restoration of rights, the Court has ruled that a breach imposes on the State a legal obligation to put an end to the breach and make reparation for its consequences in such a way as to restore as far as possible the situation existing before the breach (restitutio in integrum). However, if restitutio in integrum is in practice impossible, the respondent States are free to choose the means whereby they comply with a judgment in which the Court has found a breach, and the Court will not make consequential orders or declaratory statements in this regard. However, in the last decade, the Court has become more and more specific with the means that it considers adequate or appropriate to comply with its judgments. Provisional/interim measures Rule 39 of the Rules of Court allows the Court, at the request of a party or any other person concerned, or on its own motion, to adopt interim measures. 3. THE INTER-AMERICAN SYSTEM FOR PROTECTION OF HUMAN RIGHTS a. The Inter-American Commission on Human Rights The Inter-American Commission on Human Rights is an organ of the Organisation of American States (OAS), created to promote the observance and defence of human rights and to serve as consultative organ of the Organisation. It examines allegations of violations of the Charter of the OAS and violations of the American Convention on Human Rights. 55 Individuals and organisations may petition the Commission to examine complaints regarding the violation of rights under the Charter and American Convention on Human Rights. A form for petitioning the Commission is available on the Commission’s website. Admissibility Article 44 of the Convention allows the Commission to receive petitions on behalf of individuals, charging a State for violating any of the rights enumerated in the Convention. The petitions may be filed by the victim himself or by a non-governmental organisation or another body on their behalf. Thus not only victims of a violation have the right to file private petitions. The prerequisites for admissibility are similar to those of other international organs dealing with human right violations: • The petitioner must have exhausted domestic remedies in accordance with general principles of international law. • The petition should be submitted within a period of 6 months from the date on which the victim of the alleged violation was notified of the final domestic judgment in his case. The latter requirement, however, does not prevent the admissibility of a petition if it can be shown that domestic remedies do not provide for adequate due process, effective access to those remedies was denied, or there has been undue delay in the decision on those remedies. The Commission rules of procedure provide that the respondent government has the burden of demonstrating the non-exhaustion of domestic remedies by the victim. Precautionary/provisional measures The Commission may request that a state take “precautionary measures” to avoid serious and irreparable harm if it receives a complaint that a serious violation of human rights is about to take place. The Commission