251. The Court observes that, owing to the specific characteristics of the case, and for the reasons previously mentioned in this Judgment (supra paras. 44 to 51), it has not been possible to identify and individualize all the victims. Therefore, the Court considers that, in the instant case, application of the exception established in Article 35(2) of the Court’s Rules of Procedure is rationally justified in order to include other persons as victims even though they have not been previously identified and individualized by the Inter-American Commission. To this end, the Court considers pertinent that, within six months of notification of the Judgment, through the competent instances, the State must establish an appropriate mechanism so that other members of the community of Río Negro can subsequently be considered victims of any violation of human rights declared in this Judgment and receive individual and collective reparations such as those ordered below. Once this mechanism has been established, the said persons must appear within one year before the pertinent State instance in order to request and receive the corresponding reparations, after providing pertinent evidence to identify themselves.324 252. The Court also considers that, owing to the lack of active representation of these people before this Court (supra para. 251), the State must ensure the right to reparation of these victims in good faith. The State must inform the Court of the people who request reparations under the said mechanism. To this end, the Court will make the pertinent assessment when exercising its authority to monitor compliance with this Judgment.325 253. The contents of the preceding paragraphs (supra paras. 251 and 152) do not preclude the right of those members of the community of Río Negro who were not presented as victims by the representatives or by the Commission from waiving the reparations ordered in this Judgment and claiming the corresponding measures of reparation in their favor under domestic law.326 B. Obligation to investigate the facts and identify, prosecute, and eventually, punish those responsible B.1. Full investigation, determination, prosecution and eventual punishment of all the masterminds and perpetrators B.1.1. Arguments of the parties and of the Inter-American Commission 254. The Commission asked the Court to order the State to “[c]onduct, conclude and reopen, as appropriate, the domestic proceedings into the human rights violations declared in th[e merits] report, and conduct an impartial and effective investigation, within a reasonable time, to clarify all the facts, identify the intellectual and material authors and impose the penalties prescribed by law.”327 It also asked that the State be required to “[o]rder the appropriate administrative, disciplinary or criminal measures to respond to the acts or omissions of State officials who have contributed to the denial of justice and the impunity of the facts of the case or who have taken part in actions to obstruct the proceedings designed to identify and punish those responsible.” To this end, it asked that 324 Cf. Case of Pacheco Teruel et al. v. Honduras, supra, paras. 87 to 88. 325 Cf. Case of Pacheco Teruel et al. v. Honduras, supra, para. 90. 326 Cf. Case of Pacheco Teruel et al. v. Honduras, supra, para. 89. 327 The Commission specified that the State must re-open the domestic proceedings relating to the Río Negro (Pacoxom) and Agua Fría massacres in relation to all the victims of these massacres. Furthermore, the State must conduct investigations into the events in the Río Negro chapel and in Los Encuentros. 87

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos