40
140. In the case of Hugo Ticona, the Court deems appropriate to determine, on the
grounds of equity, a sum of US$ 60.000 (sixty thousand dollars of the United States
of America) considering that: a) he was declared to be the victim of the violation of
Articles 5(1), 8(1) and 25(1) of the Convention, from which it derives the anguish
caused for the disappearance of his brother; and d) he as declared to be the victim
of the violation of Articles 8(1) and 25(1) for denial of justice in his own detriment as
a consequence of lack of investigation of the alleged tortures he presumably suffered
from. Said amount shall be delivered to Hugo Ticona within the term of one year as
from notice of this Judgment.
141. Lastly, as to Betzy Ticona and Rodo Ticona, this Tribunal deems appropriate
to equitable determine the sum of US$ 15.000 (fifteen thousand dollars of the United
States of America) in favor of each one of them. The State should pay such
compensations directly to the each beneficiary within the term of one year as of
notice of this Judgment.
c) Other measures of reparation:
142. In this chapter, the Tribunal shall determine the measures for satisfaction
aimed at reparationing the non-pecuniary damage and shall order the measures of
public import or impact.121
a) Duty to investigate
i)
Obligation to investigate the facts that amounted to the violations of the
case at hand, and to identify, prosecute and punish those responsible
143. The Commission considered as an essential measure of reparation in this case
“to conduct a serious, complete and effective investigation in order to determine the
perpetrators and instigators responsible for the detention and subsequent forced
disappearance of Renato Ticona”. In such regard, the representative requested the
Court to order the State to guarantee that the criminal proceedings Comisión
Nacional c/ René Veizaga et al. "have the appropriate effects; be processed without
delay; not resort to precepts such as amnesty, statute of limitation, extinguishment
of the criminal action or others; identify the perpetrators and instigators responsible
for the forced disappearance of Renato Ticona; and if applicable, those who are
convicted, serve the sentence imposed by the Bolivian justice”. The State considered
that “it has complied with the punishment of the perpetrators of the innumerable
human rights violations, among them, it can be mentioned the forced disappearance
of Mr. Ticona”, based on the penalties imposed to Luis García meza and Luis Arce
Goméz. Furthermore, it mentioned that by means of Resolution Nº 002/2008 of
January 8, 2008, it was delivered a condemnatory judgment against the alleged
perpetrators of facts related to the forced disappearance of Renato Ticona.
144. The Court observes that the condemnatory judgment delivered by the
Supreme Court of Justice of the State in the proceedings against Luis García Meza,
sentenced the accused as well as Luis Arce Gómez to a penalty of thirty years of
imprisonment without right to pardon, for the several crimes committed by them.
121
Cf. Case of “Street Children” (Villagrán Morales et al.) v. Guatemala; supra note 109, para. 84;
Case of Heliodoro Portugal v. Panamá, supra note 13, para. 240; and Case of Bayarri v. Argentina, supra
note 16, para. 177.