102
6.
The State has not complied with its obligation to adopt domestic law to the
American Convention on Human Rights, provided in Article 2, in relation to Articles
8(1), 25, and 1(1) thereof and to Articles I(b), III, IV, and V of the Inter-American
Convention on Forced Disappearance of Persons, as a consequence of the
interpretation and application it has given to the Expiry Law regarding serious human
rights violations, in conformity with paragraphs 237 to 241 and 246 of the Judgment.
7.
It does not follow to issue a pronouncement on an alleged violation of the
right to freedom of thought and expression and the right to privacy [honor and
dignity], recognized in Articles 13 and 11, respectively, of the Convention, nor of the
norms of the Inter-American Convention to Prevent and Punish Torture and the
Inter-American Convention on Prevention, Punishment and Eradication of Violence
against Women (the “Belén do Pará Convention”), whose violation was alleged.
AND DECIDES,
Unanimously, that:
8.
This Judgment constitutes per se a form of reparation.
9.
The State must, within a reasonable period of time, conduct and carry out
effectively the criminal investigation of the facts of the present case, in order to
ascertain them, determine the corresponding criminal, civil, and administrative
responsibilities and apply the consequential sanctions provided by law, in accordance
with that established in paragraphs 252 to 256 and 274 and 275 of the Judgment.
10.
The State should continue and accelerate the search and immediate location
of Maria Claudia Garcia Iruretagoyena, or of her bodily remains, and, where
appropriate, deliver them to her next of kin, after genetic parentage testing, all in
accordance with that established in paragraphs 259 and 260 of the Judgment.
11.
The State must guarantee that the Expiry Law, for lacking effects due to its
incompatibility with the American Convention and the Inter-American Convention on
the Forced Disappearance of Persons, as far as it can hinder the investigation and
possible sanction of those responsible for serious human right violations, will never
again be an impediment to the investigation of the facts and for the identification,
and were applicable, punishment of those responsible, in conformity with paragraphs
253 and 254 of the Judgment.
12.
The State must, within a period of one year, carry out a public act of
acknowledgment of international responsibility for the facts of the present case, in
conformity with paragraph 266 of this Judgment.
13.
The State must locate, within the building of the Information Defense System
(SID), accessible to the public, within a period of one year, a memorial plaque with
the inscription of the names of the victims and all persons that were illegally
detained in said place, pursuant to that in paragraph 267 of the Judgment.
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