63 case and decided to dismiss it or to acquit a person responsible for violating human rights or international law, was intended to shield the accused party from criminal responsibility; ii) the proceedings were not conducted independently or impartially in accordance with due procedural guarantees, or iii) there was no real intent to bring those responsible to justice.162 A judgment rendered in the foregoing circumstances produces an “apparent” or “fraudulent” res judicata case.163 On the other hand, the Court believes that if there appear new facts or evidence that make it possible to ascertain the identity of those responsible for human rights violations or for crimes against humanity, investigations can be reopened, even if the case ended in an acquittal with the authority of a final judgment, since the dictates of justice, the rights of the victims, and the spirit and the wording of the American Convention supersedes the protection of the ne bis in idem principle. 155. In the instant case, two of the foregoing conditions are met. Firstly, the case was heard by courts which did not uphold the guarantees of jurisdiction, independence and impartiality. Secondly, the application of Decree Law No. 2.191 did actually prevent those allegedly responsible from being brought before the courts and favored impunity for the crime committed against Mr. Almonacid-Arellano. The State cannot, therefore, rely on the ne bis in idem principle to avoid complying with the order of the Court (supra para. 147). 156. On the other hand, the State, in order to fulfill its duty to investigate, must guarantee that the necessary facilities shall be provided by all public institutions to the regular court trying Mr. Almonacid-Arellano’s case (supra para. 147). Hence, the former shall forward to said court any information or documents it may request, bring before it the persons it may subpoena, and perform the actions it may order. 157. Finally, the State must guarantee that Elvira del Rosario Gómez-Olivares and Alfredo, Alexis, and José Luis Almonacid-Gómez have full access to and capacity to act at all stages and instances of said investigation, pursuant to the domestic law and the provisions of the American Convention.164 The results of the investigation shall be publicly disclosed by the State, so that the Chilean society may know the truth about the events of the instant case.165 C) 158. Pecuniary and non-pecuniary damage Pecuniary damage entails income loss or detriment, expenses incurred as a 162 Cf. UN, Rome Statute of the International Criminal Court, adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, UN Doc. A/CONF.183/9, July 17, 1998, Art. 20; Statute of the International Criminal Tribunal for the former Yugoslavia, S/Res/827, 1993, Art. 10, and Statute of the International Criminal Tribunal for Rwanda, S/Res/955, November 8, 1994, Art. 9. 163 Cf. Case of Carpio-Nicolle et al. Judgment of November 22, 2004. Series C No. 117, para. 131. 164 Cf. Case of Montero-Aranguren et al., supra note 155, para. 139; Case of Baldeón-García, supra note 14, para. 199; and Case of Blanco-Romero et al. Judgment of November 28, 2005. Series C No. 138, para. 97. 165 Cf. Case of Montero-Aranguren et al., supra note 155, para. 139; Case of Baldeón-García, supra note 14, para. 199; and Case of the Pueblo Bello Massacre, supra note 138, para. 267.