13
68.
Furthermore, the Court admitted the acknowledgment of violation of the
rights set forth in Articles 8 and 25 of the Convention, in relation to Article 1(1) of
said treaty, and Article 5(1) thereof, in relation to Article 1(1) of that instrument,
and the non-fulfillment of the duty to investigate and punish violation of the rights
set forth in Articles 4 and 5(1) of the Convention, in relation to Article 1(1) of said
treaty and Articles 6 and 8 of the Inter-American Convention to Prevent and Punish
Torture, all in relation to events subsequent to March 26, 1993; however, the Court
finds some clarifications should be made regarding certain matters related to the
obligations established in those Articles (infra paras. 72 to 110), as well as
reparations, costs and expenses (infra paras. 135 to 175).
VI
EVIDENCE
69.
There is no controversy as to the facts of the instant case and the
corresponding claims and evidence submitted by the plaintiffs; however, the Court
finds that this Judgment should include the following statements, based on the
considerations of supra paragraph 66.
A)
Statements made at the public hearing before the Inter-American Court
WITNESS
1)
TESTIMONY
Sebastián Vargas-Areco, brother of Gerardo Vargas-Areco
Sebastián was nine years old when his brother died. On December 1989, three days
after Gerardo was taken back to the military unit after spending some time with his
family, his relatives received a call and were told Gerardo was dead.
After receiving the coffin, military officers gave instructions to bury the mortal
remains of the minor. Before burying Gerardo, his family asked Dr. Ribamar Cruz e
Silva, a military physician, to open the coffin and examine the body. The physician
took pictures and inspected the mortal remains.
Gerardo’s mother fainted when she heard her son was dead. She is still suffering the
physical consequences of the events; thus, she is significantly impaired to travel. The
relationship between Gerardo and his mother was crucial to both of them. The entire
family was deeply affected by the suffering endured by Gerardo’s mother and by
learning that Gerardo had died and had possibly suffered mistreatment. The parents
of Gerardo have sought justice and an explanation of the reasons for the alleged
mistreatment inflicted on the child.
EXPERT REPORT
2)
Carlos Portillo, psychiatrist, Director of the Support Program for
“Victims of Human Right Violations” of ATYHA (Center of
Human Rights Alternatives)
The family was seriously affected by the death of Gerardo and the information
received from the physician regarding the presence of signs of torture and suffering
before the death. The relatives reflect their sorrow individually and collectively