ensure that the victims or their family members have full access and capacity to act at every
stage of the investigation and of the prosecution of those responsible. That participation is
based on their rights to access to justice and knowing the truth of what happened.98
B.2 Determination of the whereabouts of the victim
106. The Commission requested that the Court order the State “to investigate fully,
impartially and effectively the whereabouts of Mr. Garzón Guzmán.” It also requested that, if
applicable, the Court order the State “to adopt the necessary measures to deliver to the next
of kin the remains, according to their wishes.”
107. The representative requested that the State be ordered to deliver the remains or to
inform on the location of the remains of the victim.
108. The State made no specific reference to this matter.
109. In the present case, the whereabouts of Mr. Garzón Guzmán is still unknown and, to
date, the State has not adopted measures tending to determine his fate. The Court
underscores that Mr. Garzón Guzmán was forcibly disappeared more than 30 years ago and,
therefore, his next of kin have the reasonable expectation that his whereabouts would have
been identified, which would be a measure of reparation and, thus, creates the correlative
duty of the State to satisfy it. At the same time, that would allow the next of kin to alleviate
the anguish and suffering caused by this uncertainty.99
110. Consequently, the State must conduct a rigorous search by relevant judicial and
administrative means, in which it makes every effort to determine, as soon as possible, the
whereabouts of Mr. Garzón Guzmán. To do so, it must use the adequate and appropriate
human, technical and scientific resources. It must establish a communications strategy with
the next of kin and agree to a coordinated action for their participation, knowledge and
presence, in accordance with the pertinent directives and protocols. In the event that it is
established that the victim is deceased, his remains must be delivered to his next of kin, after
having been positively identified, as soon as possible and without any cost to them. In
addition, the State must pay the funeral expenses, if applicable, in agreement with the next
of kin.100
C. Measures of rehabilitation
111. The Commission requested the implementation of a program of appropriate attention
to the next of kin of Mr. Garzón Guzmán, in consultation with them.
112. The representative requested that adquate medical and psychological attention be
provided to the family members of Mr. Garzón Guzmán.
113. The State indicated that it had already provided medical and psychological attention to
the family members of Mr. Garzón Guzmán as part of the priority attention given to victims
Cf. Case of the Caracazo v. Venezuela. Reparations and Costs. Judgment of August 29, 2002. Series C No.
95, para. 118 and Case of Olivares Muñoz et al. v. Venezuela. Merits, Reparations and Costs, supra, para. 152.
98
Cf. Case of Neira Alegría et al. v. Peru. Reparations and Costs, supra, para. 69 and Case of Vásquez Durand
et al. v. Ecuador. Preliminary Objections, Merits, Reparations and Costs, supra, para. 208.
99
Cf. Case of Contreras et al. v. El Salvador. Merits, Reparations and Costs. Judgment of August 31, 2011.
Series C No. 232, para. 191 and Case of Guachalá Chimbo et al. v. Ecuador. Merits, Reparations and Costs, supra,
paras. 229 and 231.
100
26