52
6.
The State failed to comply with its obligation to investigate with due diligence the
torture to which Juan Carlos Bayarri was subjected, as stipulated in Articles 1, 6 and 8 of
the Inter-American Convention to Prevent and Punish Torture, in accordance with paragraph
94 of this judgment.
AND ORDERS:
Unanimously that:
7.
This judgment constitutes, per se, a form of reparation.
8.
The State must pay Juan Carlos Bayarri the amounts established in paragraphs 141,
142, 151, 155, 159, 170 and 194 of this judgment, as compensation for pecuniary and nonpecuniary damage, and reimbursement of costs and expenses, within one year of
notification of this judgment, in the terms of paragraphs 195 to 199 hereof.
9.
The State must provide, free of charge, immediately and for the time necessary, the
medical treatment required by Juan Carlos Bayarri, in the terms of paragraph 143 of this
judgment.
10.
The State must conclude the criminal action filed based on the facts that gave rise to
the violations in the instant case and decide it as provided for by law, in accordance with
paragraphs 175 and 176 of this judgment.
11.
The State must publish once in the official gazette and in two daily newspapers with
widespread circulation throughout the country, chapters I, VII, VIII and IX of this judgment,
without the corresponding footnotes, and the operative paragraphs hereof, within six
months of notification of this judgment, in the terms of paragraph 179 hereof.
12.
The State must ensure the immediate elimination of the name of Juan Carlos Bayarri
from all public records where it appears with a criminal record, in the terms of paragraph
180 hereof.
13.
The State must incorporate members of the security forces and of the organs of
investigation and administration of justice into dissemination and training activities on the
prevention of torture and cruel, inhuman or degrading treatment or punishment, to the
extent that it has not already done so, in the terms of paragraph 182 of this judgment.
14.
It will monitor full compliance with this judgment and will consider the instant case
close when the State has complied fully with all aspects of the judgment, in the terms of
paragraph 200 hereof.
Done, at San José, Costa Rica, on October 30, 2008, in the Spanish and the English
languages, the Spanish text being authentic.
Judge Sergio García Ramírez informed the Court of his concurring opinion, which
accompanies this judgment.
Cecilia Medina Quiroga
President