316. The Court has established that the reparations must have a causal connection to the
facts of the case, the violations declared, the damage proved, and the measures requested
to repair the respective damage. Therefore, the Court must observe that these factors are
present in order to rule appropriately and in keeping with the law.403
317. Based on the violations declared in the preceding chapters, the Court will proceed to
examine the claims presented by the Commission and by the representatives, as well as the
arguments of the State, so as to order measures designed to repair the harm caused to the
victims. Regarding the State’s arguments, the Court observes that it only submitted specific
arguments on some of the measures of reparation requested. Apart from this, in general,
Venezuela asked the Court to reject the requests for reparations made by the Commission
and the representatives.
A. Injured party
318. According to Article 63(1) of the American Convention, those who have been
declared victims of the violation of a right embodied in the Convention are considered
injured parties.404 The victims in the instant case have been identified in the corresponding
chapters on merits (supra paras. 68, 79, 84, 85, 96, 131, 147, 150, 168, 245, 249, 256,
260, 263, 266, 272, 285 and 312). These persons shall be considered beneficiaries of the
reparations ordered by the Court.
B. Obligation to investigate the facts
319. The Commission and the representatives agreed substantially as regards the State’s
obligation to investigate the facts and, as appropriate, to punish those responsible. In
summary, they asked the Court to order the State to conduct a complete, impartial and
effective investigation, within a reasonable time, in order to identify, prosecute and punish
the masterminds and perpetrators of the facts of the instant case.
320. The Commission added that these investigations must be conducted so that they
establish the connections between each of the facts of the case, as well as between those
facts and the more general context of extrajudicial executions in Venezuela and the
harassment of the victims’ next of kin. In addition, it indicated that the State must order the
corresponding administrative, disciplinary or criminal measures for all the State officials who
contributed to the denial of justice, and to impunity in relation to this case.
321. The representatives added that Venezuela must guarantee that the authorities in
charge of the investigation have available all the means required to conduct it promptly, as
well as the powers to have access to the pertinent documentation to investigate the facts,
and that the State must not use provisions of domestic law, such as prescription, res
judicata, non-retroactivity of criminal law, ne bis in idem, or any other similar mechanism
excluding responsibility, to evade its obligations. In addition, they asked that the results of
the said investigation be published so that society is aware of them. Lastly, they also
requested the administrative sanction of the public servants responsible for the irregularities
in the investigations.
403
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, reparations and costs. Judgment of November 27,
2008. Series C No. 191, para. 110, and Case of Barbani Duarte et al., supra note 12, para. 241.
404
Cf. Case of the La Rochela Massacre v. Colombia. Merits, reparations and costs. Judgment of May 11,
2007. Series C No. 163, para. 233, and Case of Barbani Duarte et al., supra note 12, para. 242.
99
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