A.
Injured party
97. Pursuant to Article 63(1) of the Convention, this Court considers that anyone who has
been declared a victim of the violation of any right recognized therein is an injured party.
Consequently, the Court considers that Alexander Yovany Gómez Virula, Antonio Gómez
Areano and Paula Virula Dionicio are the “injured party” and in their capacity as victims of the
violations declared in Chapter VII they will be the beneficiaries of the reparations ordered by
the Court.
B.
Obligation to investigate
98. The Commission and the representatives asked the Court: (i) “to order the State to
conduct and conclude a full, prompt, effective and impartial judicial investigation to establish the
circumstances surrounding the disappearance and death of Alejandro Yovany Gómez Virula”; (ii)
that, during this investigation, the State thoroughly explore and exhaust the logical lines of inquiry
in connection with the case, and identify and punish all the masterminds and perpetrators,” and
(iii) “impose the appropriate administrative, disciplinary or criminal measures for the acts or
omissions of state officials that contributed to the denial of justice and the impunity that reigns in
relation to the facts of the case.”
99. The State indicated that the limited progress in the investigation in this case could not
be attributed to it because “not only was the information […] provided characterized by being
indecisive but also, even subsequently, the victim’s family have not provided any further
reliable evidence or other probative elements that would contribute to the progress of the
investigation.”
100. The Court has determined that the State failed to comply with its obligation to investigate
the disappearance and death of Mr. Gómez Virula. This was due to deficiencies when his
disappearance was reported and in the initial steps taken following the discovery of the corpse;
the failure to exhaust the logical lines of investigation, and the unjustified delay in the
investigation of more than 24 years. In light of its conclusions in Chapter VII of this judgment,
the Court establishes that the State must continue all necessary investigations to determine
and, as appropriate, prosecute and punish those responsible for the death of Alexander Yovany
Gómez Virula.
101. If the criminal action is subject to the statute of limitations, the State must still
investigate the events that occurred just to clarify the murder in order to satisfy the right to
the truth of the family, who are also victims, and of society.
C.
Measures of satisfaction
102. The representatives asked the Court to order the State to publish the judgment at
least once in the Official Gazette and in another national newspaper with widespread
circulation.
103. The Court establishes, as it has in other cases, 149 that the State mut publish, within six
months of notification of this judgment: (a) the official summary of this judgment prepared
by the Court, once, in the Official Gazette and in another national newspaper with widespread
circulation in a legible and appropriate font, and (b) this judgment in its entirety, available for
at least one year, on an official website of the State. The State must advise the Court
immediately when it has made each of the publications ordered, regardless of the one-year
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001. Series C No.
88, para. 79, and Case of Gorigoitía v. Argentina. Preliminary objection, merits, reparations and costs. Judgment of
September 2, 2019. Series C No. 382, para. 68.
149
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