101
Julio César Freitez, Gerónimo Valero Suárez, Jesús Calixto Blanco, Fidel Orlando
Romero Castro, Roberto Segundo Valbuena Borjas, Elsa Teotiste Ramírez Caminero,
José Ramón Montenegro Cordero, Jesús Alberto Cartaya, Sabas Reyes Gómez, Alís
Guillermo Torres Flores, José Miguel Liscano Betancourt, and Juan Acasio Mena Bello.
This circumstance and continuation of impunity in this regard constitute a source of
extraordinary humiliation and suffering of their next of kin.
122. This Court has several times stated that the next of kin have the right to
know the whereabouts of the mortal remains of their beloved ones. It has also
stated that their demands in this regard are in accordance with “a just expectation
that the State is obligated to use the means at its disposal to satisfy”.194
123. The Court deems that delivery of the mortal remains is in itself an act of
reparation as it leads to restore the dignity of the victims, to honor the value of their
memory to those who were their beloved ones, and to allow them to adequately bury
them.195
124. The State must, therefore, locate, exhume, identify by means of undoubtedly
suitable techniques and instruments, the remains of the victims mentioned in the
paragraphs immediately above. The costs of the ensuing burial, in the place chosen
by the next of kin, must be covered by the State. The mortal remains of Elsa
Teotiste Ramírez Caminero, in accordance with the wishes of her next of kin, must
be transferred and buried in the Dominican Republic, which is the country of origin of
the victim, and the cost must be covered by the State.
125. The State must, also, locate, exhume, identify and deliver to the next of kin
the remains of those persons whose deaths were not attributed to the State in the
judgment on the merits, but whose next of kin also have the right to know their
whereabouts. These persons are: Jesús Salvador Cedeño, Jesús Rafael Villalobos,
Abelardo Antonio Pérez, and Andrés Eloy Suárez Sánchez, who are the victims of a
violation of Articles 8 and 25 of the Convention.
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*
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126. So as to give impetus to the criminal proceedings in connection with the facts,
to provide guarantees of non-recidivism of the latter, to take steps in the struggle
against impunity, and to advance in the process of locating the mortal remains of all
the aforementioned victims, it is relevant for the State to take all necessary steps to
renew and complete, as soon as possible and applying suitable techniques and
instruments, the process of exhumation and identification of the persons buried in
the “La Peste” Sector of the General Southern Cemetery, in Caracas. Specifically, it
must renew and complete the identification of the persons whose bodies were
194
Velásquez Rodríguez Case. July 29, 1988 Judgment. Series C No. 4, para. 181. Cf. also, Trujillo
Oroza Case. Reparations, supra note 2, para. 113; and Bámaca Velásquez Case. Reparations, supra note
2, para. 76.
195
Trujillo Oroza Case. Reparations, supra note 2, para. 115; Bámaca Velásquez Case. Reparations,
supra note 2, para. 81; and Blake Case. January 24, 1998 Judgment. Series C No. 36, para. 115.
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