56
that had been denied them, and to recover the good name of Messrs. Chaparro and
Lapo.
260. The Court appreciates the actions taken by the State; nevertheless, no
information has been provided on the result of the requests made to these institutions.
Consequently, and without disregarding the above, the Court rules that the State must
eliminate forthwith the names of Messrs. Chaparro and Lapo from the public records in
which they still appear with a criminal record in relation to the instant case, particularly
the records of the National Police, the Superintendence of Banks, and INTERPOL. Also,
the State shall immediately inform the private institutions that they must erase from
their records any reference to Messrs. Chaparro and Lapo as authors or suspects of the
criminal act of which they were accused in this case. These private institutions shall be
those that Messrs. Chaparro and Lapo indicate to the State. The State shall also inform
these institutions that the victims were prosecuted by the State in violation of their
human rights and were acquitted of all guilt by the national judicial authorities.
c)
Dissemination of the judgment
261. As a measures of reparation for the victims, the Commission requested “the
publicizing of the Court’s decision” and a public apology by the State in which “it
acknowledges its international responsibility […] and makes reparation to the victims and
their next of kin for the violations committed and the stigma they have suffered.”
Meanwhile, the representative requested “the publication in national newspapers and in
the official gazette of the background to the case and the operative paragraphs of the
judgment with a permanent link to the web page with the Court’s judgment […] from the
web page of the Public Prosecutor’s Office.” In addition, they asked that “the State be
ordered [to carry out] a public act to acknowledge responsibility.”
262. As the Court has stipulated in other cases,177 as a measure of satisfaction, the
State must publish once in the official gazette and in another national newspaper with
widespread circulation, chapters VII to X of this judgment, without the corresponding
footnotes, and its operative paragraphs. The State shall also disseminate this judgment
by radio and television in the same way.
263. The Court also ordered the State to issue a publication indicating specifically that
the victims were deprived of their liberty unlawfully and arbitrarily; were kept
incommunicado and suffered prison conditions incompatible with the standards of the
Convention; that their cases were dismissed after an unreasonably long time; that the
presumption of their innocence was not respected; that their detention gave rise to
pecuniary and non-pecuniary damage in their lives, and that the Court ordered that all
records against them for the facts of this case be eliminated from the public files. In
addition, the State must inform the public and private institutions and the population in
general that, in compliance with the decisions taken by the Court, the State reiterates
that the victims are innocent of all the charges of which they were accused. This
publication must be made in a size and in a section of a newspaper with widespread
circulation that is sufficiently visible, so that it fulfills the purpose of restoring the good
name of the victims, and as a guarantee of non-repetition.
264. To comply with the provisions of the preceding paragraph, the State must ensure
the participation of the victims or their representatives, both in drafting this publication,
177
Cf. Case of Cantoral Benavides v. Peru. Reparations and Costs. Judgment of December 3, 2001. Series
C No. 88, para. 179; Case of Cantoral Huamaní and García Santa Cruz, supra note 20, para. 192, and Case of
Zambrano Vélez et al., supra note 13, para. 215.
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