78
accepts the acts of acknowledgement of international responsibility carried out by the State
and the denomination of two streets of La Paz city after Mr. Ibsen Cárdenas and Mr. Ibsen
Peña. On the other hand, from the information of the files it is inferred that the State and
the representatives, in particular, Mr. Tito Ibsen Castro, had already taken some steps with
respect to the issuance of a postal stamp to commemorate Mr. Rainer Ibsen Cárdenas and
Mr. José Luis Ibsen Peña.273 Likewise, from the information submitted to the Tribunal it is
proved that the State in fact has delivered the postal stamp to Messrs. Tito Ibsen Castro
and Martha Castro Mendoza. In that regard, the Court takes note of said act and finds that
the issuance of the postal stamp contributes to establishing the historical memory in a
democratic society and to the satisfaction of the victims.
249. As it has been previously mentioned (supra paras. 246 to 247) to State informed
that it has already executed a public act of reparation in which it officially named a
roundabout as “Ibsen Family.” The Court assesses positively the efforts made by the State
in this matter. Without detriment of this, as it has ordered in other cases,274 this Court
finds that, as measures of satisfaction, initiatives designed to preserve the memory of
victims of human rights violations must be implemented in coordination with their next of
kin. In that respect, the Court takes into account that the representatives stated that said
act was carried out without consulting the family and without their consent. Thus,
according to the Court’s jurisprudence, in order to raise public awareness so as to avoid
the repetition of acts such as those that occurred in the instant case and to conserve the
memory of Messrs. Ibsen Cárdenas and Ibsen Peña, the Court considers that the State
must reach an agreement with their next of kin on the designation of a public place after
them in which a commemorative plaque that mentions this judgment, the facts of the case,
and the circumstances in which they occurred must be placed. This must be done within
one year from the notification of this judgment.
C.4
Rehabilitation measures
250. The Commission asked the Court to order the State “to adopt measures of
rehabilitation for the family of the victims[, including] measures of psychological
rehabilitation.”
251. The representatives asked that, in general, the Court order the State “[t]o adopt
measures of rehabilitation in favor of the victims’ next of kin.” In addition, they indicated
that the Ministry of Health and Sports and the Petroleum Company Health Fund had signed
an agreement to provide medical services to the Ibsen family “without [their] legal
representative awareness” (infra para. 252). Furthermore, they indicated that the said
contract contained errors and inconsistencies in relation to the personal information of the
beneficiary family, which could result in failure to comply with it.
273
The State mentioned that “on Tuesday, May 18, [2001], at offices of the Direction General of Legal
Affairs of the Ministry of Foreing Affairs[,] in the presence of [Mr.] Tito Ibsen Castro three color designs were
shown so one of them shall be selected, [Mr. Tito Ibsen Castro] chosed the stamp located at the center of the
design sheet, attached to this brief of final arguments.” On the other hand, the representatives mentioned that
“after returning from [hearing at] Lima […] they contacted the Vice Minister […] and sen[t] a complaint to the
Ministry of Foreing Affairs on May 10, 2010, informing them on their opinions, after they were allowed to make
some changes to the postal stamp [,] such as the photography of José Luis [Ibsen Peña] and the exact dates of
the forced disappearances.”
274
Cf. Case of Benavides-Cevallos v. Ecuador. Merits, Reparations and Costs. Judgment of June 19, 1998.
Series C No. 38. para. 48.5; Case of the “Las Dos Erres” Massacre v. Guatemala, supra note 7, para. 265, and
Case of Chitay Nech et al. v. Guatemala, supra note 6, para. 251.
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