43
upon citizen security, for the purpose of having them become aware of the
respect due human rights” have continued to be held.
Considerations by the Court
93.
In this chapter the Tribunal shall determine those measures of satisfaction
aimed at providing reparation for non pecuniary damage, of a non pecuniary nature,
as well as providing for public actions or works reaching the general public.54
a)
Obligation to investigate into the events constituting the violations in the
instant case, and to identify, prosecute, and punish those responsible
94.
The Tribunal has established that, after six years, impunity for the events in
the instant case still prevails. The Court has defined impunity as the overall failure to
investigate, pursue, capture, prosecute and convict those responsible for the
violations of the rights protected under the American Convention.55 The State has de
obligation to struggle against such a state of affairs by all available means, for it
fosters chronic recurrence of violations of human rights and renders the victims and
their next of kin completely defenseless.56
95.
Likewise, the next of kin of victims of serious human rights violations have
the right to know the truth. Such right to the truth, when recognized and exercised
in a specific situation, becomes an important means of reparation for the victims and
their next of kin and gives rise to an expectation the state must fulfill. On the other
hand, knowing the truth makes it easier for Venezuelan society to look for other
ways to prevent such kinds of violations in the future.57
96.
Consequently, the next of kin of the victims have the right, and the States the
obligation, to have the events which affected the former effectively investigated by
State authorities, to have the suspects of such offenses prosecuted and, were it the
case, to have them punished as fit.58
97.
In view of the foregoing, the State must earnestly take all necessary action to
identify, judge and punish all perpetrators and plotters of the violations committed to
the detriment of Messrs. Oscar José Blanco-Romero, Roberto Javier Hernández-Paz
and José Francisco Rivas-Fernández, to all criminal effects and to all other effects the
investigation of the events might have, even in the cases of Messrs. Roberto Javier
Hernández-Paz and José Francisco Rivas-Fernández wherein the inquests were closed
54
Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 294; Case of Gutiérrez-Soler, supra
note 1, para. 93; and Case of Acosta-Calderón, supra note 44, para. 163.
55
Case of the “Mapiripán Massacre”, supra note 1, para. 295; Case of Gutiérrez-Soler, supra note
1, para. 95; and Case of the Moiwana Community. Judgment of June 15, 2005. Series C No. 124, para.
170.
56
Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 297; Case of Gutiérrez-Soler, supra
note 1, para. 95; Case of the Moiwana Community, supra note 54, para. 203.
57
Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 297; Case of Gutiérrez-Soler, supra
note 1, para. 96; Case of the Moiwana Community, supra note 54, para. 204.
58
Cf. 113; and Case of the Serrano-Cruz Sisters, supra note 43, para. Cf. Case of 19 Tradesman,
supra note 42, para. 187; Case of Las Palmeras. Judgment of September 6, 2001. Series C No. 90, para.
65
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