104 257. The victim of the human rights violation and their next of kin, when applicable, have the right to know the truth.180 Therefore, the victims in this case have the right to know who was responsible for the unlawful and arbitrary detention, torture and violation of due process and of the right to fair trial, to the detriment of Daniel Tibi. This right to the truth has been developed by International Human Rights Law181 and its recognition may be an important means of reparation. 258. In light of the above, to redress, in this regard, the violations, the State must effectively investigate the facts of the instant case with the aim of identifying, trying, and punishing those responsible. Domestic proceedings must address the violations of the rights to Humane Treatment, to Personal Liberty, the Right to Judicial Protection and the right to Fair Trial, to which this Judgment refers. The victim must have full access and be able to act in all stages and levels of the investigation and of the respective trial, in accordance with domestic legislation and the provisions of the American Convention. Results of this process must be made know to the public, for Ecuadorian and French society to know the truth. 259. The State must ensure that the domestic proceeding to investigate, try, and punish those responsible for the facts attains the appropriate effect. It must also refrain from resorting to mechanisms such as amnesty, extinguishment, and establishment of exemptions of liability, as well as from measures that seek to impede criminal prosecution or to suppress the effects of the conviction, as the Court has noted in other cases.182 b) Publication of the pertinent parts of the Judgment of the Court 260. Likewise, as the Court has ruled previously,183 it deems that the State must publish, as a measure of satisfaction, within six months time from when it receives notice of the instant Judgment, at least once, in the official gazette Diario Oficial and in another daily with national coverage in Ecuador, both the Section on Proven Facts and operative paragraphs One to Thirteen of the instant Judgment, without the respective footnotes. The State must also publish the above, translated into French, in a widely read newspaper in France, specifically in the area where Mr. Tibi resides. c) Written statement of acknowledgment of international responsibility and apology to the victims 261. As a consequence of the violations found in this Judgment, the Court deems that the State must publish a formal written statement issued by the high authorities of the State, acknowledging its international responsibility for the facts addressed in the instant ruling, and apologizing to Mr. Tibi and to the other victims of the instant 180 See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 230; Case of the 19 Tradesmen, supra note 9, para. 261; and Case of Molina Theissen. Reparations, supra note 9, para. 81. 181 See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 230; Case of the 19 Tradesmen, supra note 9, para. 261; and Case of Molina Theissen. Reparations, supra note 9, para. 81. 182 See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 232; Case of the 19 Tradesmen, supra note 9, para. 262; and Case of Molina Theissen. Reparations, supra note 9, para. 83. 183 See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 235; Case of Molina Theissen. Reparations, supra note 9, para. 86; and Case of Myrna Mack Chang, supra note 175, para. 280.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents