90 258. The desire of the victim’s next of kin to identify the whereabouts of their disappeared ones and, where applicable, to know of their bodily remains, and to receive them and bury them according to their believes, thus bringing closure to their grieving process experienced throughout the years, constitutes a right, in addition to the right of the victims to know the truth, 312 which—as a measure of reparation for the transgression—generates the corresponding obligation of the State to honor and guarantee it, in addition to contributing helpful information regarding the perpetrators of the violations or about the institutions to which they belong. 313 259. Consequently, as a form of reparation of the victims right to the truth, 314 the State must continue its effective investigation and immediate localization of María Claudia Garcia, or of her bodily remains, be it by a criminal investigation or through other efficient and appropriate proceedings. Carrying out said procedures must be in accordance with international standards. 315 260. The referred procedure should be reported to her next of kin, securing, as far as possible, assure their presence. If the bodily remains of María Claudia Garcia are to be found, these must be given to her next of kin as soon as possible, including proof of previously conducted genetic parentage testing. Furthermore, the State must pay for funeral expenses, if applicable, in agreement with the next of kin. 316 The costs of all the abovementioned should be assumed by the State. C. Other means of satisfaction and guarantees of non-repetition C.1. Satisfaction i. Public act of acknowledgment of international responsibility and recovery of the memory of María Claudia García de Gelman.                                                          312 Cf. Case of Neira Alegría et al. V. Perú. Reparations and Costs. Judgment of September 19, 1996. Series C No. 29, para. 69; Case of Ibsen Cárdenas and Ibsen Peña, supra note 9, para. 214, and Case of Gomes Lund et al. (Guerrilha do Araguaia), supra note 16, para. 261. 313 Cf. Case of The Dos Erres Massacre, supra note 127, para. 245, and Case of Gomes Lund et al. (Guerrilha do Araguaia), supra note 16, para. 261. 314 Cf. Case of del Caracazo. Reparations and Costs, supra note 310, paras. 122 and 123; Case of Anzualdo Castro, supra note 75, para. 185, and Case of Radilla Pacheco, supra note 74, para. 336. 315 See, among others, those set forth in the UN Manual on Effective Investigation and Prevention of Extrajudicial, Arbitrary, and Summary Executions; Comments and Recommendations adopted by consensus at the International Conference of governmental and nongovernmental organizations in the framework of the Project "missing persons and their families," of the International Committee of the Red Cross; and the Protocol Model for Forensic Investigation of Suspicious Deaths due to violation of Human Rights, of the Office of the High Commissioner of the United Nations. 316 Cf. Case of La Cantuta, supra note 292, para. 232; Case of Ibsen Cárdenas and Ibsen Peña, supra note 9, para. 242, and Case of Gomes Lund et al. (Guerrilha do Araguaia), supra note 16, para. 262.

Seleccionar párrafo de destino3

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