93
10.
The State did not comply with the obligation to guarantee, without
discrimination, the right to access to justice, established in Articles 8(1) and 25, in
relation to Article 1(1) of the American Convention on Human Rights, to the
detriment of Mr. Jesús Tranquilino Vélez Loor, in the terms of paragraphs 252 to 254
of the present Judgment.
AND ORDERS,
unanimously, that:
11.
This Judgment constitutes per se a form of reparation.
12.
The State must pay the amount set in paragraph 264 of the present
Judgment, for the specialized medical and psychological treatment and care, as well
as for medicines and other related expenses, within a period of six months.
13.
The State must carry out the aforementioned publications, pursuant to that
established in paragraph 266 of the present Judgment.
14.
The State must effectively continue and carry out with the utmost diligence
and within a reasonable period of time, the criminal investigation initiated in regard
to the facts alleged by Mr. Vélez Loor, in order to determine the corresponding
criminal responsibility, and where necessary, the punishment and other
consequences provided in the law, in conformity with paragraph 270 of the present
Judgment.
15.
The State must, in a reasonable period of time, adopt the necessary
measures to provide establishments that offer sufficient capacity to hold those
persons whose detention is necessary and proportionate for migratory reasons,
specifically appropriate for such purposes, that offer material conditions and a
regimen fit for migrants, and whose staff is civil and duly qualified and trained,
pursuant to that established in paragraph 272 of this Judgment.
16.
The State must implement, in a reasonable period of time, a formation and
training program that deals with international standards related to the human rights
of migrants, due process guarantees, and the right to consular assistance for the
personnel of the National Migration and Naturalization Service, as well as for officials
that given their jurisdiction in the matter, handle issues related to migrant persons,
pursuant to that established in paragraph 278 of the present Judgment.
17.
The State must implement, in a reasonable period of time, training programs
on the obligation to initiate ex oficio investigations upon a complaint or reason to
believe that acts of torture have taken place in the jurisdiction, for members of the
Public Prosecutor’s Office, the Judiciary, or the National Police, as well as the
personnel of the health sector with jurisdiction in these matters and given their
duties are the first in-line to attend to victims of torture, pursuant to paragraphs 280
of the present Judgment.
18.
The State must pay the amounts set in paragraphs 304, 307, 314, and 319
of the present Judgment, for the compensation of pecuniary and non-pecuniary
damages as well as for the reimbursement of costs and expenses, as it so
corresponds, within the period of one year, as of notification of the present
Judgment, in the terms set in paragraphs 321 to 326 herein.
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