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violations of the rights enshrined in Articles 3, 4, 5.1, 5.2, 7, 8.1, and 25.1 of the
American Convention, in conjunction with Articles 1.1 and 2 thereof. It also established
that the State is responsible for violating Articles I and III of the IACFDP, all with respect
to Jeremías Osorio Rivera. With reference to the relatives of the victim, IACHR
concluded that the State is responsible for the violation of Articles 5.1, 8.1, and 25 of the
American Convention, in conjunction with Articles 1.1 and 2 thereof, with respect to
Juana Rivera Lozano (mother), Alejandrina, Elena, Porfirio, Adelaida, Silvia, Mario and
Efraín Osorio Rivera (brothers and sisters), Santa Fe Gaytán Calderón (common-law
wife), Edith Laritza, Neyda Rocío, Vanesa and Jeremías (children).
Consequently, the Commission is asking the Inter-American Court to order the following
reparations:
Conduct a complete, impartial, and effective investigation into the whereabouts
of Jeremías Osorio Rivera and, should it be discovered that the victim is not alive, take
the steps necessary for his remains to be returned to his family.
1.
Pursue the domestic procedures related to the human rights violations
established in this report and discharge the criminal proceedings for the crime of forced
disappearance with respect to Jeremías Osorio Rivera currently underway, in an
impartial and effective fashion and within a reasonable time, in order to fully clear up the
incident, identify all the guilty, and impose the corresponding penalties.
2.
Provide adequate redress for the human rights violations established in this
report, covering both the material and moral aspects and including fair compensation,
the establishment and dissemination of the historical truth of the incident, the necessary
measures aimed to keep alive the disappeared victim’s memory, and the
implementation of a suitable program of psychosocial care for his next-of-kin.
3.
Take the necessary steps to prevent similar events from occurring in the future,
in accordance with the duty of prevention and the obligation of guaranteeing the
fundamental rights recognized in the American Convention. In particular, implement
permanent programs on human rights and international humanitarian law at the training
schools of the Armed Forces.
4.
Organize an act of public recognition of its international responsibility and extend
a public apology for the violations established in this report.
5.
Finally, as regards the issues of inter-American public interest that the case raises, the
Commission notes that this case constitutes an opportunity for the Court to develop its case law and to
establish standards in relation to the duty to conduct investigations in cases of forced disappearance –
mindful of the difficulties associated with the passage of time – and the content of the obligations of due
diligence, access to justice, and guarantee of the right to the truth, so as to carry out measures of
justice as a form of present-day reparation.
Likewise, given that these issues have a significant impact on inter-American public order,
pursuant to Article 35.1.f) of the Rules of Procedure of the Inter-American Court, the Commission would
like to offer the following expert’s statement:
1. Almudena Bernabeu, who will develop the content of the state obligation to act with due
diligence in investigating cases of forced disappearance, as a present-day measure of reparation. The
expert will also analyze the adequate measures for continuing or reinitiating investigations aimed at
determining the whereabouts of the victim and the identification of persons who may be responsible,