98
constitutes an important effort for establishing and acknowledging the historic truth
of the events that occurred in the Southern Cone during several decades.
(b)
Search for Agustín Goiburú Giménez, Carlos José Mancuello Bareiro,
and Rodolfo and Benjamín Ramírez Villalba and burial of their remains
171. The right of the next of kin of Agustín Goiburú Giménez, Carlos José
Mancuello Bareiro, and Rodolfo and Benjamín Ramírez Villalba to know where their
mortal remains are108 is a measure of reparation and, therefore, an expectation that
the State should satisfy to the victims’ next of kin.109 Thus, the Court has indicated
that the mortal remains of a person should be treated regarding, owing to their
significance for their next of kin.110
172. The Court considers it essential that, for the effects of reparation, the State
should proceed immediately to seek and find the mortal remains of Agustín Goiburú
Giménez, Carlos José Mancuello Bareiro, and Rodolfo and Benjamín Ramírez Villalba.
If it finds their remains, the State must return them to their next of kin as soon as
possible, once it has proved the relationship through DNA testing. In addition the
State must cover the expenses of their burial in agreement with their next of kin.
(c)
Public act to acknowledge responsibility and make reparation
173. To ensure that Paraguay’s acquiescence and the measures ordered by the
Court have full effect as regards reparation and the preservation of the memory of
Agustín Goiburú Giménez, Carlos José Mancuello Bareiro, and Rodolfo and Benjamín
Ramírez Villalba, and in reparation to their next of kin, and also to serve as a
guarantee of non-repetition, the Court considers that the State should organize a
public act acknowledging its responsibility for the forced disappearance of Agustín
Goiburú Giménez, Carlos José Mancuello Bareiro, and Rodolfo and Benjamín Ramírez
Villalba, and make a public apology to their next of kin. This act should be carried
out in the presence of the next of kin of the said persons and with the participation
of senior State authorities. The act should be held within six months of notification of
this judgment.
174. Regarding the request for the creation of a public square, the Court observes
that the State has already designated a public place as the “Plaza de los
Desaparecidos,” which constitutes an important comprehensive public recognition of
those whose forced disappearance occurred during the dictatorship of General
Alfredo Stroessner Matiauda.
(d)
Publication of the judgment
108
Cf. Case of the Pueblo Bello Massacre, supra note 5, paras. 270-273; Case of the 19 Tradesmen,
supra note 60, para. 265, and Juan Humberto Sánchez case. Judgment of June 7, 2003. Series C No. 99,
para. 187.
109
Cf. Case of the 19 Tradesmen, supra note 60, para. 265; Juan Humberto Sánchez case, supra
note 109, para. 187, and El Caracazo case. Reparations (Art. 63(1) American Convention on Human
Rights). Judgment of August 29, 2002. Series C No. 95, para. 122.
110
Cf. Case of Baldeón García, supra note 6, para. 208; Case of Acevedo Jaramillo et al., supra note
2, para. 315, and Case of López Álvarez, supra note 75, para. 214.
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