5 14. That the Court expresses its concern about the failure of the State to submit sufficient information to determine its compliance with the obligation to identify, prosecute, and punish, if appropriate, those responsible for the violations committed in the instant case. In this regard, the Court deems it essential that the State submit updated, detailed, and complete information on the steps taken and on the progress of the above-mentioned proceedings, particularly whether actions have been taken in order to identify other possible perpetrators of the violation of the right to life and physical integrity to the prejudice of the child Gerardo Vargas-Areco. 15. That as set forth by the Judgment, it is necessary to recall that this is a case of torture and extra-judicial execution, among other violations, and that, therefore, the State must start forthwith an ex officio rigorous, impartial, and effective investigation into the facts. Such duty is to be accomplished in a particular manner where the victim of the extrajudicial killing involves a child, given its inherent vulnerability, particularly if the minor is under the custody or protection of the State.5 In fact, the State must investigate the violation of the right to life and physical integrity and punish all those responsible for it, particularly if State agents are involved. Otherwise, the resulting impunity would foster the repetition of similar events.6 16. That it is also relevant to recall that, under the terms of the Judgment, for this obligation to be fully complied with, the State must adopt all such judicial and administrative measures as may be necessary in order to reopen the investigation into the facts described in the instant case. The subject matter of said investigation must be the facts related to the alleged torture of the minor Vargas-Areco. Furthermore, Gerardo Vargas-Areco’s next of kin or their representatives must have full access to the pertinent proceedings and be entitled to act at all stages and instances thereof, pursuant to the domestic legislation and the Inter-American Convention, releasing the child’s relatives from the burden to expedite proceedings. Likewise, the State must guarantee the effective compliance with the decision adopted in the domestic jurisdiction in order to fulfill this obligation.7 * * * 17. That regarding the obligation of the State to hold an act to acknowledge its international responsibility for the violations declared in the Judgment in the community where Gerardo Vargas-Areco’s next of kin reside, and in the presence of State’s civilian and military authorities make a public apology and place a plaque in the memory of the child Vargas-Areco (tenth operative paragraph of the Judgment), the State pointed out that “the [r]epresentative of the National Defense Ministry is taking the pertinent steps for the organization of such act of apology and public acknowledgment of international responsibility in relation to the violations declared in [the J]udgment.” 5 Cf. Case of Vargas-Areco v. Paraguay. Merits, Reparations and Costs. Judgment of September 26, 2006. Series C No. 155, para. 77. 6 Cf. Case of Vargas-Areco, supra note 5, para. 106. 7 Cf. Case of Vargas-Areco, supra note 5, para. 155.

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