32 [7] Provide psychological care and treatment to Martha Flores Gutiérrez, Indira [Isabel] Huilca Flores, José Carlos Huilca Flores, Flor de María Huilca Gutiérrez and Julio César Escobar [Flores], for the time necessary, in the opinion of a psychologist. The psychological treatment shall begin one month after the signature of the agreement[.] 104. As mentioned above, this Court must assess the compatibility of this part of the agreement with the provisions of the American Convention (supra para. 90). 105. First, the Court observes that the obligation to investigate the facts and punish those responsible for a crime which constitutes a violation of human rights is a commitment that arises from the American Convention, whether or not the parties in a case reach an agreement on this point. It is not the will of the parties, but the provisions of the American Convention that require the States Parties to investigate the facts, prosecute those responsible and eventually, if appropriate, convict those guilty and implement the penalties.34 106. Second, regarding the contents of the agreement concerning the obligation to investigate, the Court considers that it is not compatible with the Convention to agree that specific individuals are or are not guilty and must or must not be prosecuted. Criminal liability must be determined by the competent judicial authorities, following strictly the rules of due process established in Article 8 of the American Convention. Consequently, the Court does not endorse this point of the agreement. 107. In light of the foregoing, in order to make reparation for this aspect of the violations that were committed, the State must conduct an effective investigation into the facts of this case to identify, prosecute and punish the masterminds and perpetrators of the extrajudicial execution of Pedro Huilca Tecse. The victim’s next of kin must have full access and capacity to act at all stages and in all instances of the investigation and the corresponding trial, in accordance with domestic laws and the provisions of the American Convention. The result of the trial must be publicized so that Peruvian society may know the truth.35 108. The State must guarantee that the domestic proceedings to investigate, prosecute and punish those responsible for the facts will be effective. As the Court has noted in other cases, it must abstain from using figures such as amnesty and prescription, and the establishment of measures designed to exclude responsibility, or measures intended to prevent criminal prosecution or suppress the effects of a conviction.36 109. The Court endorses the point in the agreement on the publication of this judgment. However, the Court does not endorse the point concerning the publication of the appendix to the said agreement, because it contains affirmations that could 34 Cf. Case of Garrido and Baigorria. Reparations (Art. 63(1) American Convention on Human Rights). Judgment of August 27, 1998. Series C No. 39, para. 72. 35 Cf. Case of the Plan de Sánchez Massacre. Reparations, supra note 23, para. 98; Case of Tibi, supra note 24, para. 258; and Case of the Gómez Paquiyauri Brothers, supra note 7, para. 231. 36 Cf. Case of the Plan de Sánchez Massacre. Reparations, supra note 23, para. 99; Case of Tibi, supra note 24, para. 259; and Case of the Gómez Paquiyauri Brothers, supra note 7, para. 232.