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.
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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
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