251. The Court observes that, owing to the specific characteristics of the case, and for
the reasons previously mentioned in this Judgment (supra paras. 44 to 51), it has not been
possible to identify and individualize all the victims. Therefore, the Court considers that, in
the instant case, application of the exception established in Article 35(2) of the Court’s
Rules of Procedure is rationally justified in order to include other persons as victims even
though they have not been previously identified and individualized by the Inter-American
Commission. To this end, the Court considers pertinent that, within six months of
notification of the Judgment, through the competent instances, the State must establish an
appropriate mechanism so that other members of the community of Río Negro can
subsequently be considered victims of any violation of human rights declared in this
Judgment and receive individual and collective reparations such as those ordered below.
Once this mechanism has been established, the said persons must appear within one year
before the pertinent State instance in order to request and receive the corresponding
reparations, after providing pertinent evidence to identify themselves.324
252. The Court also considers that, owing to the lack of active representation of these
people before this Court (supra para. 251), the State must ensure the right to reparation of
these victims in good faith. The State must inform the Court of the people who request
reparations under the said mechanism. To this end, the Court will make the pertinent
assessment when exercising its authority to monitor compliance with this Judgment.325
253. The contents of the preceding paragraphs (supra paras. 251 and 152) do not preclude
the right of those members of the community of Río Negro who were not presented as
victims by the representatives or by the Commission from waiving the reparations ordered in
this Judgment and claiming the corresponding measures of reparation in their favor under
domestic law.326
B. Obligation to investigate the facts and identify, prosecute, and eventually,
punish those responsible
B.1. Full investigation, determination, prosecution and eventual punishment of
all the masterminds and perpetrators
B.1.1.
Arguments of the parties and of the Inter-American Commission
254. The Commission asked the Court to order the State to “[c]onduct, conclude and reopen, as appropriate, the domestic proceedings into the human rights violations declared
in th[e merits] report, and conduct an impartial and effective investigation, within a
reasonable time, to clarify all the facts, identify the intellectual and material authors and
impose the penalties prescribed by law.”327 It also asked that the State be required to
“[o]rder the appropriate administrative, disciplinary or criminal measures to respond to the
acts or omissions of State officials who have contributed to the denial of justice and the
impunity of the facts of the case or who have taken part in actions to obstruct the
proceedings designed to identify and punish those responsible.” To this end, it asked that
324
Cf. Case of Pacheco Teruel et al. v. Honduras, supra, paras. 87 to 88.
325
Cf. Case of Pacheco Teruel et al. v. Honduras, supra, para. 90.
326
Cf. Case of Pacheco Teruel et al. v. Honduras, supra, para. 89.
327
The Commission specified that the State must re-open the domestic proceedings relating to the Río Negro
(Pacoxom) and Agua Fría massacres in relation to all the victims of these massacres. Furthermore, the State must
conduct investigations into the events in the Río Negro chapel and in Los Encuentros.
87
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