51
C)
Measures of satisfaction and guarantees of non-repetition
187. In this section, the Tribunal will determine the measures of satisfaction
necessary to redress the non-pecuniary damages suffered. In addition, the Tribunal
will order measures which reach the general public. On this subject, the Tribunal will
only order those measures which it considers appropriate and which are designed to
redress the violations declared in the context of the present case. Consequently, the
Court will not rule upon the common intervener’s requests with respect to a) the
undertaking of a public act of reconciliation and recognition of responsibility; b) the
creation of a constitutionally established agency dedicated to forensic science of
crimes; c) the establishment of training courses for prosecutors, judicial agents, and
police officers; d) the establishment of an independent organization, created with
public participation, designed to investigate and adequately sanction failures by
members of the PNC; e) the investigation and dismantling of the death squads; f)
the creation of a video and radio report about the operation of the death squads
after the end of the armed conflict; g) the designation of a “day for death squad
victims”; and g) the creation of an independent commission to investigate the
homicide of Ramón Mauricio García Prieto.
188.
The State did not address measures of non-repetition and satisfaction.
*
a)
*
*
The State’s obligation to investigate the events of the present case
189. The Commission requested that the Court order the State to undertake a
complete, impartial, effective, and expeditious judicial investigation, in order to
determine the circumstances of the homicide of Ramón Mauricio García Prieto. In
the same sense, the Commission requested a judicial investigation to determine the
origin of the threats and harassment, and determine the identity of those who have
followed José Mauricio García Prieto Hirlemann and Gloria Giralt de García Prieto.
Finally, it requested that all the perpetrators of the events, throughout the different
levels of decision-making and execution, be identified, and that the State advance
criminal proceedings and apply the punishment due.
190. The common intervener requested that a serious, complete, and effective
investigation be ordered in order to identify, try and punish all those who
participated in the homicide of Ramón Mauricio García Prieto. According to the
common intervener, all of the material and intellectual authors of the events should
be investigated, as well as those responsible for the threats, harassment, and other
interference in the private life of the García Prieto Giralt family. Likewise, they
requested that the Court order the State to investigate the police and judicial agents
allegedly responsible for irregularities in the proceedings undertaken.
191. With respect to the investigations, the State indicated that Ramón Mauricio
García Prieto’s death was broadly investigated by the competent institutions, as were
the “threats and intimidating acts.” The State further indicated that, through its
judicial and administrative institutions, it has investigated each of the requests of the
representatives, according to procedures previously established by law.
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