68
as offering medical assistance to those incarcerated, and formation of
the penitentiary personnel in the respect of human rights of the inmates,
including the protection of cultural identity;
iv)
implement the measures necessary so that the Indian and Black
populations may have complete access to justice; and especially so that
they be allowed to use their mother tongue in all procedural actions and
in the detention centers;
v)
offer the technical facilities of basic equipment and use of
frequencies that allow the community of Triunfo de la Cruz to reinstate
the community radio station and therefore reactivate the service for
which this means of communication was initially established;
vi)
correct the processes begun and followed by the municipality of
Tela that affect the territories legally acknowledged as property of
Triunfo de la Cruz, returning the situation to that stated in the guarantee
deeds of occupation. The State must abstain from carrying out new acts
that tend to the appropriation of those territories;
vii)
revoke or reform the Articles of the Transition Law of the new
Code of Criminal Procedures so it will permit the retroactive application
of the regimen of preventive detention established in it, and
viii)
adopt the measures necessary in order to guarantee that the
violations suffered by the victims of this case do not repeat themselves.
206.
Arguments of the State:
a)
it did not refer to the measures of non-repetition or satisfaction.
Considerations of the Court
a)
Obligation of the State to investigate the facts of the case
207. The State must investigate, within a reasonable period of time, the facts of the
present case, and apply the measures that result from that investigation to those
responsible for said facts.
b)
Publication of this Judgment
208. As a satisfaction measure,129 the State must publish, within six months as of
the notice of the present Judgment, both Chapter VII regarding the facts proven,
without footnotes, and the operative part of the present Judgment, once, in the Official
Newspaper and in another newspaper of national circulation in Honduras.
c)
Improvement of the physical, sanitary, and diet conditions in the criminal
centers and formation of the prison officers
129
Cf. Case of Blanco-Romero et al., supra note 7, para. 101; Case of García-Asto and Ramírez-Rojas,
supra note 7, para. 282; and Case of Gómez-Palomino, supra note 7, para. 142.
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