92
a violation of the aforementioned duty of the State, it is injurious to the victim, to his
next of kin and to society as a whole, and it fosters chronic recidivism of those
human rights violations.179
186. It is therefore necessary, as the Court has set forth both in this Judgment
(supra 127, 128, 133 and 134) and in previous cases,180 for the State to conduct an
effective investigation of the facts of this case, to identify those responsible for them,
both the direct perpetrators and those who instigated them, as well as possible
accessories after the fact, and to punish them administratively and criminally as
appropriate. The domestic proceedings involved must address the violations of the
right to life and of the right to humane treatment to which this Judgment refers. The
next of kin of the victim must have full access and the capacity to act, at all stages
and levels of said investigations, in accordance with domestic laws and the provisions
of the American Convention. The results of those investigations must be made
known to the public, for Honduran society to know the truth.
*
*
*
187. In connection with the above, this Court has repeatedly pointed out that the
next of kin have the right to know where the remains of their beloved one are, and it
has established that this “constitutes a just expectation that the State must satisfy
with all the means available to it.”181 The Court has also stated recently 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.”182 For the
aforementioned reasons, this Court deems that the State must provide the
conditions required to transfer the mortal remains of the victim to the place chosen
by his next of kin, at no cost to them.
*
*
*
188. As a consequence of the facts in this case, the Court deems that the State
must carry out a public act of acknowledgment of its responsibility in connection with
the facts in this case and of amends to the victims.183 The Court also deems that as
179
Cf. Las Palmeras Case, Reparations, supra note 4, para. 53.a); El Caracazo Case, Reparations,
supra note 4, para. 117; and Trujillo Oroza Case, Reparations, supra note 22, paras. 97, 101 and 112.
180
Cf. Las Palmeras Case, Reparations, supra note 4, para. 66; El Caracazo Case, Reparations, supra
note 4, para. 118; and Trujillo Oroza Case, Reparations, supra note 22, para. 99.
181
Cf. El Caracazo Case, Reparations, supra note 4, para. 122; Trujillo Oroza Case, Reparations,
supra note 22, para. 113; Bámaca Velásquez Case, Reparations, supra note 153, paras. 76 and 81; Case
of the “White Van” (Paniagua Morales et al.), Reparations, supra note 125, para. 204; Neira Alegría et al.
Case. Reparations (Art. 63(1) American Convention on Human Rights). Judgment of September 19, 1996.
Series C No. 29, para. 69; and Aloeboetoe et al. Case. Reparations (Art. 63(1) American Convention on
Human Rights). Judgment of September 11, 1993. Series C No. 15, para. 109.
182
Las Palmeras Case, Reparations, supra note 4, para. 77; El Caracazo Case, Reparations, supra
note 4, para. 123; Trujillo Oroza Case. Reparations, supra note 22, paras. 114 and 115; and Bámaca
Velásquez Case. Reparations, supra note 153, paras. 76 and 81.
183
Las Palmeras Case, Reparations, supra note 4, para. 74; El Caracazo Case, Reparations, supra
note 4, para. 128; Trujillo Oroza Case, Reparations, supra note 22, para. 118; and Bámaca Velásquez
Case, Reparations, supra note 153, para. 84.
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