stated that it would keep the investigation open and would continue conducting the investigation
diligently until it had identified and individualized those responsible for the murder.
229. The Court appreciates the State’s declaration that it would “keep the investigation open
and would continue conducting the investigation diligently until it had identified and
individualized those responsible for the murder.” However, bearing in mind the conclusions of
Chapter VII.II of this judgment, the Court establishes that, the State must, within a reasonable
time, conduct the investigation effectively and, when applicable, open the required criminal
proceedings to identify, prosecute and punish, as appropriate, those responsible for the abuse
and murder of Claudina Isabel Velásquez Paiz, in keeping with the guidelines in this judgment,
in order to avoid the repetition of the same or similar acts to those of this case. This
investigation must include a gender perspective, undertake specific lines of investigation
concerning sexual violence, and provide the victim’s next of kin with information on progress in
the investigation pursuant to domestic law and, when applicable, ensure that they have
appropriate participation in the criminal proceedings. Also, the investigation must be conducted
by officials trained in similar cases and in dealing with victims of gender-based discrimination
and violence. Lastly, it must ensure that those in charge of the investigation and the criminal
proceedings, as well as any other persons involved, such as witnesses, expert witnesses, or
members of the victim’s family, have adequate guarantees for their safety.
230. Furthermore, as it has on other occasions, 323 the Court establishes that, based on the
pertinent disciplinary norms, the State must examine the possible procedural and investigative
irregularities related to this case and, if appropriate, sanction the conduct of the corresponding
public servants without the victims in this case having to file complaints to this end.
C. Measures of rehabilitation and satisfaction, and guarantees of non-repetition
C.1. Rehabilitation
231.
The Commission did not present any specific arguments on this point.
232. The representatives asked the Court to order the State to provide medical and
psychological care to Jorge Rolando Velásquez Durán, Elsa Claudina Paiz Vidal and Pablo Andrés
Velásquez Paiz, for as long as necessary. This care must include the costs of any medication
they require. The medical center providing this physical and psychological care must be chosen
by mutual agreement with them and must take into account the particular circumstances and
needs of each of them.
233. The State indicated that, if it had been requested, it would have provided psychological
and medical care to the next of kin of the presumed victim in this case. However, they had
never indicated that they required psychological support for any member of the family group
under the State’s programs and institutions. It also indicated that it had not been proved that
any member of the family group had suffered physical or psychological harm as a result of the
facts of this case. Consequently, it did not consider that it was fair or equitable that the
requested medical expenses be charged to the national budget. Lastly, it indicated that, if the
next of kin of Claudina Velásquez attended private doctors and health clinics, it was at their own
choice, because the State had a public health system that could have provided them with the
services required free of cost.
Cf. Case of Cabrera García and Montiel Flores v. Mexico. Preliminary objection, merits, reparations and costs.
Judgment of November 26, 2010. Series C No. 220, para. 215, and Case of the Human Rights Defender et al. v.
Guatemala. Preliminary objections, merits, reparations and costs. Judgment of August 28, 2014. Series C No. 283, para.
253.
323
77