22
Hernán Javier Cuarán Muchavisoy, Artemio Pantoja Ordóñez, Julio Milciades Cerón
Gómez, Edebraes Norverto Cerón Rojas and Wilian Hamilton Cerón Rojas filed
administrative law suits and the State was ordered to redress the material and moral
damages they suffered as a consequence of the death of the named persons. In the
case of N.N./Moisés, the State asserts that it will comply with what the Court orders,
based on the evidence tendered in the proceeding. It adds that the costs incurred in
the administrative-law proceedings were already determined in the two judgments
delivered. On the criminal law side, it explains that there are no costs to reimburse,
as court proceedings are gratis and the victims’ relatives have not taken specific
measures as part of the investigation underway. As for the costs of the international
proceedings, the State will abide by whatever the Court should eventually decide.
Finally, the State contends that the Commission’s request seeking amendment of the
armed forces’ regulations and programs is not compatible with the Convention’s
provisions.
*
*
69.
The Court believes, pursuant to Article 63(1) of the American Convention,
that the State has an obligation to investigate the facts that caused these violations.
Even assuming, for the sake of argument, that domestic problems make it difficult to
establish the identity of the individuals responsible for crimes of this nature, the
relatives of the victims still have a right to know the full facts of what happened.
70.
In the instant case, the Court must open the reparations phase, to which
end it is authorizing its President to take the necessary measures.
IX
OPERATIVE PARAGRAPHS
71.
Now therefore,
THE COURT
unanimously
DECLARES:
1.
That the State’s responsibility for the deaths of Artemio Pantoja Ordóñez,
Hernán Javier Cuarán Muchavisoy, Julio Milciades Cerón Gómez, Wilian Hamilton
Cerón Rojas and Edebraes Norberto Cerón Rojas, corresponding to the violation of
Article 4 of the American Convention on Human Rights, was established in the two
definitive judgments delivered by the Administrative Law Court of the Council of
State on December 14, 1993 and January 15, 1996.
DECIDES:
2.
That the State is responsible for the death of N.N./Moisés or N.N./Moisés
Ojeda, in violation of Article 4 of the American Convention on Human Rights.
3.
That there is insufficient evidence to determine whether Hernán Lizcano
Jacanamejoy died in a skirmish or was extrajudicially executed by agents of the
State, in violation of Article 4 of the American Convention on Human Rights.