3
In consideration of the foregoing conclusions, the Commission requests to the Court
to recommend that the State:
1. Make appropriate amends for the human rights violations established in this report, with fair
compensation for the 14-year delay in the judicial proceedings, to the next-of-kin of Zulema
Tarazona Arrieta and Norma Pérez Chávez, and to Luis Alberto Bejarano Laura.
2. Strengthen its ability to conduce timely and duly diligent investigations of incidents in which
members of the armed forces use lethal force.
3. Take the necessary steps to prevent similar events from occurring in the future, in
accordance with the duty of prevention and the obligation of guaranteeing the fundamental
rights recognized in the American Convention; in particular, through the implementation of
human rights programs in its armed forces training schools.
The Commission submits the instant case to the jurisdiction of the Inter-American
Court out of the need to obtain justice for the victims. In addition, the IACHR notes that the
instant case involves issues of Inter-American public order.
Specifically, the case addresses the application of the standards developed in the
jurisprudence of the bodies of the Inter-American System on the use of force by security
officers and the response that must be given by the States to provide a satisfactory
explanation of the facts. Moreover, in terms of justice, the case poses a series of impunity
factors, both general and specific, that include the lack of due diligence, the intervention of
the military jurisdiction, the validity of an Amnesty Law and excessive delays, of which the
elimination of its effects, could have an impact in the case. These factors of impunity are
related to the concepts of justice and opportune reparation to which the bodies of the
system have given special relevance in the development of its jurisprudence.
Inasmuch as these issues significantly affect Inter-American public order, pursuant to
Article 35.1 f) of the Rules of Procedure of the Inter-American Court, the Commission
proffers the following expert testimony:
1. A person whose name will be informed shortly, who shall testify on the
International standards on the use of force, in particular, on the criteria for the necessity,
proportionality and precaution, as well as its implications in the analysis of the attribution of
the international responsibility of the State when there is an ongoing debate on the
accidental character or not of the use of force. The expert will also address the opportune
and effective judicial response in these cases. To the extent that it is relevant, the expert will
make reference to the facts of the case.
The expert’s CV will be included in the Merits Report 77/12.
Finally, the petitioners expressed the victims’ interest in the submission of the
present case to the Inter-American Court and informed that the following shall be
representatives of the victims:
Asociación Pro Derechos Humanos
(APRODEH)
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Signed in the original