members that his whereabouts be identified, which would constitute a measure of reparation and,
therefore, gives rise to the correlative obligation of the State to meet it. 381 It would also alleviate
the family’s anguish and suffering as a result of the above-mentioned uncertainty. 382
250. It is extremely important for the family to receive the body of a person who has been
forcibly disappeared, because this allows them to bury him according to their beliefs, and to close
the mourning process that they have experienced throughout all these years. 383 In addition, the
Court considers that the remains provide evidence of what happened and, together with the place
they are found, can provide valuable information about the perpetrators of the violations and the
institution to which they belonged. 384
251. Consequently, the State must conduct a genuine search using the appropriate judicial and
administrative mechanisms, during which it makes every effort to discover the whereabouts of
Jeremías Osorio Rivera as soon as possible. The search should be carried out systematically and
rigorously, with the appropriate and adequate human, technical and scientific resources. The family
must be informed of the said measures, endeavoring to ensure their presence when possible.
252. If, following the steps taken by the State, it is found that the victim has died, the mortal
remains must be returned to this family, after his identity has been verified, as rapidly as possible
and without any cost to them. In addition, the State must cover the funeral costs, when
appropriate, in agreement with the family. 385
C.
Measures of rehabilitation and satisfaction, and guarantees of non-repetition
1.
Rehabilitation
253. The Commission underlined the need to implement a suitable program of psychosocial care
for the members of the victim’s family to redress the human rights violations declared in its Merits
report.
254. The representatives asked the Court to order the Peruvian State to ensure medical and
psychological treatment, permanently and free of charge, for the victim’s next of kin, ensuring their
participation in the process.
255. The State emphasized that its international responsible for the facts denounced had not
been proved; however, it would abide by the decision of the Court in an eventual judgment. It
added that the purpose of the Comprehensive Health System was to protect the health of the
Peruvians who do not have health insurance, giving priority to those vulnerable populations who
381
Cf. Case of Neira Alegría et al. v. Peru. Reparations and costs. Judgment of September 19, 1996. Series C No. 29,
para. 69, and Case of Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala, supra, para. 333.
382
Cf. Case of Ticona Estrada et al. v. Bolivia, supra, para. 155, and Case of Torres Millacura et al. v. Argentina,
supra, para. 136.
383
Cf. Case of the Las Dos Erres Massacre v. Guatemala. Preliminary objection, merits, reparations and costs.
Judgment of November 24, 2009. Series C No. 211, para. 245, and Case of Gudiel Álvarez et al. (“Diario Militar”) v.
Guatemala, supra, para. 333.
384
Cf. Case of the Las Dos Erres Massacre v. Guatemala, supra, para. 245, and Case of Gudiel Álvarez et al. (“Diario
Militar”) v. Guatemala, supra, para. 333.
385
Cf. Case of Anzualdo Castro v. Peru. Preliminary objection, merits, reparations and costs, supra, para. 185, and
Case of García and family members v. Guatemala, supra, para. 200.
88
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