a)
The pertinent investigations should be carried out taking into
consideration the relationship between the different facts of the case and the
context in which they occurred, avoiding omissions in gathering evidence and
following logical lines of inquiry;
b)
The investigations should seek to effectively identify and individualize
those responsible for the violations committed;
c)
Due diligence in the investigation implies that all competent State
authorities are required to collaborate in gathering evidence and to refrain from
actions that imply the obstruction of the investigative process;
d)
The competent authorities must carry out the relevant investigations ex
officio and to that end must have access to all the logistical and scientific
resources necessary to collect and process the evidence; likewise, those who
participate in the investigation, including the victims’ families, the witnesses,
and the officials of the justice system, must have due guarantees of safety.
249. The Court considers, as it has established in its constant case law287, that the
State must guarantee victim’s family members full access and the ability to act in all
the stages of the investigation and prosecution of those responsible, according to
domestic law and the provisions of the American Convention. Moreover, the results of
the proceedings must be publicly disclosed with the aim of informing Venezuelan
society of the truth of the facts of this case, and those responsible for them.
250. Finally, as on other occasions,288 the Court orders the State to examine, in
accordance with the relevant disciplinary provisions, any potential procedural and
investigative irregularities related to this case and, if applicable, to sanction the
conduct of the relevant public servants.
C. - Measures of rehabilitation, satisfaction and guarantees of nonrepetition
251. As established in its case law289 and considering that the Judgment constitutes
per se a form of reparation, the Court deems it appropriate to establish the following
measures of reparation.
C.1. Rehabilitation Measures
252. The representatives requested that the Court order the State “to guarantee that
the victims receive the medical and psychological treatment they need, from
competent professionals, including the supply of any medications required.”
Additionally, they requested that the State cover “other expenses generated alongside
the provision of treatment, such as transportation costs, among other needs that may
arise.”
253.
In accordance with the preceding paragraphs and as it has done in other
cases,290 the Court orders the State to immediately, adequately and effectively provide
medical and psychological care to the victims who request it, as follows:
287
Cf. Case of El Caracazo V. Venezuela. Reparations and Costs. Judgment of August 29, 2002. Series
C No. 95, para. 118 and Case of González Medina and relatives v. Dominican Republic, para. 286.
288
Cf. Case of the Massacre of Dos Erres v. Guatemala, para. 233, clause d) and Case of Barrios
Family v. Venezuela, para. 325.
289
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs.
Judgment of May 26, 2001. Series C No. 77, para. 84 and Case of Kichwa Indigenous People of Sarayaku v.
Ecuador, para. 285.
62
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