61
innocence in certain facts. The Tribunal deems that the use of this language has
contributed to the stigmatization and revictimization of Kenneth Ney Anzualdo Castro
and his next-of-kin and they keep suffering because of that.
199. The Court recalls that the "criminal", "subversive" or "terrorist" threat invoked
by the State in justification of certain activities carried out, may certainly constitute a
legitimate reason for a State to deploy the security forces in specific cases. However,
the State’s fight against crime must always be exercised within limits and according
to procedures that preserve both public safety and the fundamental rights of the
human person subjected to its jurisdiction233. The conditions in a country, however
difficult, do not release a State Party to the American Convention from its treatybased obligations, which particularly prevail in cases such as the present one234. It is
necessary to recall that, no matter the conditions of each State, International Law
strictly prohibits torture, forced disappearance and summary and extralegal
executions and said prohibition is a non-derogable norm of International Law235.
200. Consequently, the Court considers it is highly important the vindication of the
name and dignity of Kenneth Ney Anzualdo Castro and his next-of-kin. The State’s
proposal to replace the act of acknowledgement with the “Museum of Memory” does
not constitute an adequate individual measure of satisfaction, even though the
Tribunal acknowledges that these types of initiatives are important in order to
recover and build the historical memory of a society. Based on the foregoing, the
Court considers it is necessary for the State to organize a public act of
acknowledgment of responsibility for the forced disappearance of Kenneth Ney
Anzualdo Castro and to apology to him and his next-of-kin, in particular for the
treatment afforded to them since he disappeared. This act must be organized in the
presence and, if possible, with the consent and cooperation of the relatives, if they
wish so. High-ranking State’s authorities must be present in the act, which must held
within the term of six months, as from notice of this Judgment and the authorities
shall make their best efforts to provide the most widely dissemination of the act in
the media.
201. Furthermore, in order to preserve the memory of Mr. Anzualdo Castro and as
a guarantee of non-repetition, the Court considers it is appropriate to accept the
request of Marly Arleny Anzualdo Castro and to order the State to erect a plaque in
the Museum of Memory, in the presence of the next-of-kin, if they wish so, by means
of a public act. Given that the Museum is being implemented, the erection of the
plaque must be done within the term of two years, as of notice of this Judgment.
C.3)
Medical and Psychological Treatment
202. The representatives requested the Court to order the State to provide the
next -of -kin with medical and psychological treatment, free of charge, in order for
them to have access to a quality medical center, widely known in the country and
233
Cf. Case of Velásquez Rodríguez V. Honduras. Merits, supra note 11, para. 154; Case of
Zambrano Vélez et al. V. Ecuador, supra note 38, para. 96, and Case of the Miguel Castro- Castro Prison
V. Perú. Merits, Reparations and Costs. Supra note 9, para. 240.
234
Cf. Case of Bámaca Velásquez V. Guatemala. Merits, supra note 42, para. 207; Case of
Zambrano Vélez et al. V. Ecuador, supra note 38, para. 96; and Case of Goiburú et al. V. Paraguay, supra
note 59, para. 89.
235
Cf. Case of Barrios Altos V. Peru, supra note 141, para. 41; Case of Zambrano Vélez et al. V.
Ecuador, supra note 38, para. 96, and Case of the Rochela Massacre V. Colombia, supra note 13, para.
132.
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