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308. The Commission asked the Court to order the State to adopt measures to prevent the
repetition of these events, and specifically “the strengthening of the mechanisms for the
protection for family members and witnesses in investigations of human rights violations, and
the strengthening of the investigative capacity of contexts and patterns of joint action between
state agents and illegal armed groups.”
309. The State asked the Court not to consider the request of the representatives regarding
the preparation of a memorial document and the raising of a plaque, since it considered, in its
case, the issuance of a conviction and its proper publication were sufficient. Regarding the
educational scholarships, it asked the Court to dispense with this measure, because these three
people have already completed their university studies and this shows that their academic
training has not been interrupted. The State argued that the other measures requested already
exist at the domestic level and, therefore, there is no room for the Court to order them. He
referred to the existence of the Program for the Protection of Witnesses, Victims, Participants
in Criminal Proceedings and Officials of the Office of the National Attorney General, which is
attached to the National Office of Protection and Assistance of the Office of the Attorney General.
He also pointed out that with regard to measures aimed at investigating contexts, there is the
National Directorate for Analysis and Contexts (DINAC) and the Justice and Peace Law provides
for an investigative approach based on context analysis.
310. The Court finds the measure related to the educational scholarships inadmissible, since
the need for them has not been proven, nor has the interruption of the studies of the people
for whom they have been requested. With respect to the other measures of reparation
requested, this Court considers that the issuance of this judgment and the reparations ordered
therein are sufficient and appropriate.
F.
Compensation
311. The representatives requested that the State be ordered to compensate the victims,
covering both pecuniary and non-pecuniary damage. They also requested that the amounts not
be included in the sentence, due to the fear that the relatives of the victims have of being
extorted.
312. The Commission asked the Court to order the State to “fully compensate the next of
kin of Noel Emiro Omeara Carrascal, Manuel Guillermo Omeara Miraval, and Héctor Álvarez
Sánchez,” including the compensation measures.
313. The State accepted, in accordance with its acknowledgment of responsibility, that the
victims in this case must be compensated and provided an expert opinion to calculate the
compensation that may be appropriate.
F.2. Pecuniary Damages
F.2.1. Consequential Damage
314. The representatives indicated the components of certain material damages suffered.
As consequential damage,320 the relatives of Omeara Carrascal and Álvarez Sánchez incurred
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The representatives also requested that the costs of proceedings before judicial authorities to denounce and
start the search for Mr. Omeara Miraval be included as consequential damages. However, the Court finds that this
item falls within the analysis of costs and expenses. The Court also considers that there are no specific receipts on
the specific expenses incurred by Carmen Teresa Omeara Miraval, Fabiola Álvarez Solano, Manuel Guillermo Omeara