13 68. Furthermore, the Court admitted the acknowledgment of violation of the rights set forth in Articles 8 and 25 of the Convention, in relation to Article 1(1) of said treaty, and Article 5(1) thereof, in relation to Article 1(1) of that instrument, and the non-fulfillment of the duty to investigate and punish violation of the rights set forth in Articles 4 and 5(1) of the Convention, in relation to Article 1(1) of said treaty and Articles 6 and 8 of the Inter-American Convention to Prevent and Punish Torture, all in relation to events subsequent to March 26, 1993; however, the Court finds some clarifications should be made regarding certain matters related to the obligations established in those Articles (infra paras. 72 to 110), as well as reparations, costs and expenses (infra paras. 135 to 175). VI EVIDENCE 69. There is no controversy as to the facts of the instant case and the corresponding claims and evidence submitted by the plaintiffs; however, the Court finds that this Judgment should include the following statements, based on the considerations of supra paragraph 66. A) Statements made at the public hearing before the Inter-American Court WITNESS 1) TESTIMONY Sebastián Vargas-Areco, brother of Gerardo Vargas-Areco Sebastián was nine years old when his brother died. On December 1989, three days after Gerardo was taken back to the military unit after spending some time with his family, his relatives received a call and were told Gerardo was dead. After receiving the coffin, military officers gave instructions to bury the mortal remains of the minor. Before burying Gerardo, his family asked Dr. Ribamar Cruz e Silva, a military physician, to open the coffin and examine the body. The physician took pictures and inspected the mortal remains. Gerardo’s mother fainted when she heard her son was dead. She is still suffering the physical consequences of the events; thus, she is significantly impaired to travel. The relationship between Gerardo and his mother was crucial to both of them. The entire family was deeply affected by the suffering endured by Gerardo’s mother and by learning that Gerardo had died and had possibly suffered mistreatment. The parents of Gerardo have sought justice and an explanation of the reasons for the alleged mistreatment inflicted on the child. EXPERT REPORT 2) Carlos Portillo, psychiatrist, Director of the Support Program for “Victims of Human Right Violations” of ATYHA (Center of Human Rights Alternatives) The family was seriously affected by the death of Gerardo and the information received from the physician regarding the presence of signs of torture and suffering before the death. The relatives reflect their sorrow individually and collectively

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