96
163. In this section, the Court will determine those measures of satisfaction that
seek to repair non-pecuniary damage, which does not have a pecuniary scope, and
will also order measures of a public scope or repercussion (supra para. 156).
(a)
Obligation to investigate the facts that gave rise to the violations in the
instant case, and identify, prosecute and punish those responsible
164. The State is obliged to combat the situation of impunity that reigns in this
case by all possible means, because impunity fosters the chronic repetition of human
rights violations and the total defenselessness of the victims and their next of kin,103
who have the right to know the truth about the facts.104 When this right to the truth
is recognized and exercised in a specific situation, it constitutes an important
measure of reparation, and is a reasonable expectation of the victims that the State
must satisfy.105
165. The Court also recalls that the victims’ next of kin have the right, and the
States the obligation, to ensure that what happened to the victims is investigated
effectively by the State authorities, proceedings are filed against those allegedly
responsible for the illegal acts and, if applicable, pertinent penalties are imposed on
them.106 Consequently, the State must take the necessary measures forthwith to
activate and conclude effectively, within a reasonable time, the investigation to
determine the identity of the masterminds and perpetrators of the acts committed to
the detriment of Agustín Goiburú Giménez, Carlos José Mancuello Bareiro, and
Rodolfo and Benjamín Ramírez Villalba; and must complete the criminal proceedings
that have been instituted. To this end, it must remove all the de facto and de jure
obstacles that maintain impunity and use all available means to expedite the
investigation and the respective proceedings and thus avoid a repetition of such
serious acts as those examined in the instant case. The State must provide the Court
with information on the measures adopted in this respect every six months and, in
particular about the results. Furthermore, these results must be publicized by the
State so that Paraguayan society may know the truth about the facts of this case.
166. In particular, as indicated above (supra paras. 123 to 132), in the terms of
the general obligation to ensure rights established in Article 1(1) of the American
Convention, Paraguay should adopt all the necessary diplomatic and judicial
measures to prosecute and punish all those responsible for the violations committed,
furthering the extradition requests that are admissible under domestic law or the
pertinent international law by all possible means. Also, to ensure the effectiveness of
the collective guarantee mechanisms established in the Convention, and as has been
declared, Paraguay and the other States Parties to the Convention should collaborate
with each other to eliminate the impunity of the violations committed in this case by
the prosecution and punishment of those responsible, and should collaborate with
103
Cf. Case of the Ituango Massacres, supra note 1, para. 399; Case of Baldeón García, supra note
6, para. 195, and Case of the Pueblo Bello Massacre, supra note 5, para. 266.
104
Cf. Case of Ximenes Lopes, supra note 8, para. 245; Case of the Pueblo Bello Massacre, supra
note 5, para. 266, and Case of Gómez Palomino, supra note 5, para. 76.
105
Cf. Case of the Pueblo Bello Massacre, supra note 5, para. 266; Blanco Romero et al. case, supra
note 92, para. 95, and Case of the “Mapiripán Massacre”, supra note 2, para. 297.
106
Cf. Case of Ximenes Lopes, supra note 8, para. 246; Case of Baldeón García, supra note 6, para.
197, and Case of the Pueblo Bello Massacre, supra note 5, para. 219.
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