case, the violations declared, the harm proved, and the measures requested to redress the respective
harm. Therefore, the Court must observe this concurrence in order to rule correctly and pursuant to
law.237 The Court also considers that the reparations must include an analysis that not only
contemplates the right of the victim to obtain reparation, but also incorporates a gender perspective
in both their formulation and implementation.238
195. Taking into account the violations of the American Convention declared in the preceding
chapters, and in light of the criteria established in the Court’s case law concerning the nature and
scope of the obligation to make reparation, 239 the Court will now examine the claims presented by
the Commission and the representatives, together with the corresponding arguments of the State,
in order to establish measures tending to redress the said violations.
A.
Injured party
196. This Court considers that, pursuant to Article 63(1) of the Convention, those who haves been
declared victims of the violation of any of the rights recognized therein, are the injured party.
Therefore, the Court considers that Hugo Humberto Ruiz Fuentes and his sister are the injured party
and, as victims of the violations declared in Chapter VIII, they will be the beneficiaries of the
reparations that the Court orders. Consequently, the Court will only refer to the arguments of the
parties and the Commission that relate to the persons who have been declared victims.
B.
Investigation, identification, prosecution and punishment, as appropriate, of all
those found responsible
197. The Commission indicated that the State should investigate the acts of torture and the
extrajudicial execution suffered by Mr. Ruiz Fuentes in a diligent and effective manner and within a
reasonable time in order to elucidate the facts comprehensively, identify the perpetrators, and
impose the appropriate punishments. The Commission also underlined that, in any future
investigations, all the obstacles that had led to the current situation of impunity must be removed
and the perpetrators and masterminds of the act identified, uncovering the criminal structures that
allowed these acts to take place.
198. Similarly, the representatives asked the Court to order the State to conduct a serious and
effective investigation, as described, of both the acts of torture perpetrated against Mr. Ruiz Fuentes
at the time of his arrest, and his extrajudicial execution.
199. The State indicated that the petitioners and the Commission had never proved the existence
of acts of torture or that the death of Mr. Ruiz Fuentes had been an extrajudicial execution and, in
particular, the participation of the State’s law enforcement agents in the perpetration of that act.
200. Bearing in mind that, currently, criminal proceedings are underway to clarify the facts related
to the death of Mr. Ruiz Fuentes, the Court establishes that the State must continue with all the
necessary investigations to identify, prosecute and punish, as appropriate, those responsible for his
death. This obligation must be complied with based on the standards established by the case law of
this Court;240 that is, with due diligence and within a reasonable time. 241 To this end, the State must:
Cf. Case of Ticona Estrada v. Bolivia. Merits, reparations and costs. Judgment of November 27, 2008. Series C No.
191, para. 110, and Case of Gorigoitía v. Argentina, supra, para. 61.
238
Cf. Case of I.V. v. Bolivia, supra, para. 326, and Case of López Soto et al. v. Venezuela, supra, para. 270.
239
Cf. Case of Velásquez Rodríguez v. Honduras, supra, paras. 25 to 27, and Case of Gorigoitía v. Argentina, supra, para.
62.
240
Cf. Case of the Human Rights Defender et al. v. Guatemala. Preliminary objections, merits, reparations and costs.
Judgment of August 28, 2014. Series C No. 283, para. 252, and Case of Munárriz Escobar et al. v. Peru, supra, para. 122.
241
Cf. Case of the Human Rights Defender et al. v. Guatemala, supra, and Case of Munárriz Escobar et al. v. Peru, supra,
para. 122.
237
46
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