69
164. In this section, the Court will determine those measures of satisfaction, which
seek to repair the non-pecuniary damage that does not have a pecuniary dimension,
and also establish measures with a public dimension or repercussion. These
measures seek, inter alia, to acknowledge the dignity of the victims or to transmit a
message of official reproof for the human rights violations in question, and also to
avoid the repetition of violations such as those in the instant case.128
Arguments of the Commission
165. The Inter-American Commission requested the Court to order a series of
measures as other forms of reparation. They include the following measures of
satisfaction and guarantees of non-repetition:
a)
As part of the reparation, the victim must be reincorporated into her
work as a physician with at least the level and responsibilities she had when
she was detained, and with recognition of the corresponding benefits; and
b)
The State must organize a public act with an impact on the victim’s
professional activities, as a measure of moral satisfaction, given that, during
the trial in which she was prosecuted and convicted, the medical act was
criminalized, which “seriously affected her relations with her professional
association.”
Arguments of the victim’s representatives
166. The victim’s representatives requested the following measures of satisfaction
and guarantees of non-repetition;
a)
The victim’s reincorporation into her employment and the recognition
of the years of unlawful detention for the effects of her seniority and other
work-related rights;
b)
The guarantee of a fair trial for the victim;
c)
Since the deprivation of the victim’s liberty was the result of a series of
unlawful acts, the reparation should include her release;
d)
The State should vindicate the alleged victim publicly before Peruvian
society and before the medical profession, and the judgment delivered by the
Court should be published in an official newspaper of the State, and also in a
daily newspaper with national circulation; and
e)
An investigation should be conducted and those responsible for the
violations declared by the Court should be punished, because the
investigation of the facts and the punishment of those responsible is a State
obligation whenever human rights have been violated. In this regard, a State
that leaves human rights violations unpunished would also be failing to
comply with the general obligation to guarantee the free and full exercise of
the rights to all persons subject to its jurisdiction.
128
Cf. Case of the “Juvenile Reeducation Institute”, supra note 1, para. 310; Case of Ricardo
Canese, supra note 1, para. 208; and Case of the Gómez Paquiyauri brothers, supra note 27, para. 223.
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