C.2. Public act of recognition of international responsibility
215. The Court also finds it fitting to order an act in recognition of international responsibility for
the events of this case, as a form of reparation for the victims. The proceedings should make
reference to the human rights violations declared herein. It should take the form of a public
ceremony in the presence of high-level government officials and the victims. The State and the
victims or their representatives must agree on the method for complying with this public act of
recognition and the details desired, such as the venue and date for it to take place.454 The State
has one year to comply with this measure, as of the date of notification of this judgment.
D.
Guarantees of non-recurrence
216. In view of the violations of the reinforced duty to guarantee due diligence and preferential
treatment of older persons in access to justice and expeditious processes, the Court finds it fitting
to order the State to create and implement, over the course of one year, a training and sensitivity
plan for justice operators concerning access to justice for older adults. This training plan should
include verifiable indicators for evaluating progress made during implementation of the plan.
E.
Other measures requested
E.1. Measures of rehabilitation
217. The representatives asked for the provision of preferential, comprehensive health care,
fully funded by the State, for the surviving victims in the local communities where they live. The
Commission gave no opinion concerning this measure. The State argued that health services
had no causal nexus with the violations being claimed and therefore should not be granted.
218. This Court would note, regarding this measure of rehabilitation, that the rights violations
declared in this judgment have no direct relationship to the lending of health services. Hence, it
believes that the difficulties in obtaining treatment as a result of the violation of the right to
property should be taken into account in determining nonpecuniary damages (infra para. 228).
E.2. Other guarantees of non-recurrence
219. The Commission claimed, in addition, that the State should adopt whatever regulatory or
legal changes might be necessary to: ensure that government institutions abide by judicial rulings
that recognize labor and social security rights; ensure that processes for enforcement of judgment
meet the Convention-based standard of being simple and prompt; and finally, guarantee that
judicial authorities who hear these processes be legally empowered and apply in practice the
enforcement mechanisms necessary to guarantee that their judgments will be obeyed.
220. The representatives asked that the State implement all necessary regulatory changes for
final judicial decisions against any public institution to actually be enforced, and for the State
always to be the guarantor of this enforcement.
221. The State argued that the regulation on enforcement of social security decisions lies outside
the body of facts of the case, as no pension rights are in dispute. With respect to the processes
of execution of judgment, it reiterated that the Labor Code has undergone substantial reform,
454
Cf. Case of Radilla Pacheco v. Mexico. Preliminary Objections, Merits, Reparations and Costs. Judgment of
November 23, 2009. Series C No. 209, para. 353, and Case of Barbosa de Souza et al. v. Brazil. Preliminary
Objections, Merits, Reparations and Costs. Judgment of September 7, 2021. Series C No. 435, para. 178.
70
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