41
D) OTHER FORMS OF REPARATION
(MEASURES OF SATISFACTION AND NON-RECURRENCE GUARANTEES)
Arguments by the Commission
90.
The Commission requests the Court to order the following measures of
satisfaction and non-recurrence guarantees:
a) carrying out an earnest and effective judicial investigation in order to
determine the responsibility of the perpetrators of the detentions and the
subsequent forced disappearances. The outcome of such investigation must
be made known to the general public, so as to enforce the right to know the
truth of the next of kin of the victims and of all Venezuelan society;
b) the State must take the necessary action in order to locate the place where
the victims are, so that the next of kin may complete their mourning for the
disappearance of their beloved ones;
c) the State must take the necessary action in order to guarantee that under
domestic law the writ of habeas corpus be compatible with Articles 7(6) and
25 of the American Convention of Human Rights; and
d) in consultation with the next of kin of the victims, “a symbolic recognition
[by the State] aimed at recovering historical memory of the disappeared
persons.”
Arguments by the representatives
91.
The representatives requested the Court to order the following satisfaction
and non-recurrence measures:
a) an earnest, fair and effective investigation into the events to be publicly
made known to the Venezuelan society. Such investigation must be effected
within reasonable time;
b) adequate participation of the next of kin of the victims in the criminal
proceedings;
c) taking the necessary action to find Messrs. Oscar José Blanco-Romero,
Roberto Javier Hernández-Paz and José Francisco Rivas-Fernández, or their
remains, in order for them to be delivered to their next of kin, so the latter
may complete their mourning for the disappearance of their beloved ones;
d) publishing and widely disseminating the instant Judgment, in the Official
Gazette, in the press and on radio and television broadcasts;
e) holding a public official ceremony wherein the State acknowledge its
responsibility and which may allow the name and the dignity of the victims to
be recovered;
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