41
consequences of the measure or situation that constituted the breach of such right or
freedom be remedied and that fair compensation be paid to the injured party.
143. The Court considers that the State is compelled to investigate facts prompting
the violations. Even, if internal order difficulties supposedly prevent the identification
of the liable parties due to the nature of their offenses, the right of the victims’
relatives to know about their fate and the whereabouts of their mortal remains.
Therefore, the State should meet these fair expectations with any of its available
resources. Besides the obligation to investigate, there is another obligation to
prevent any possible commission of involuntary disappearance and punish the liable
parties.
144. It is evident in this case that the Court cannot ensure those damaged to fully
enjoy their violated rights and freedoms.
However, the compensation of the
consequences causing the violation of specific rights is legal and must include a fair
compensation of expenses that the victims’ relatives would have incurred in to pay
for any related proceedings.
145. To determine compensation, the Court shall need information and enough
probative elements, so it is legal to start the corresponding procedural stage. To this
end, it entrusts its President with adopting the necessary measures.
XVII
OPERATIVE PARAGRAPHS
146.
Now therefore,
THE COURT
unanimously,
1.
declares that the State violated, to the detriment of Nolberto Durand Ugarte
and Gabriel Pablo Ugarte Rivera, Article 4(1) of the American Convention on Human
Rights.
by six votes against one,
2.
declares it has not been proven that the State violated, to the detriment of
Nolberto Durand Ugarte Rivera, Article 5(2) of the American Convention on Human
Rights.
Judge Carlos Vicente de Roux Rengifo disagrees.
unanimously,
3.
declares that the State violated, to the detriment of Nolberto Durand Ugarte
and Gabriel Pablo Ugarte Rivera, Article 7(1) and 7(5) of the American Convention
on Human Rights.
unanimously,
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