51
detriment of the above-listed next of kin of Messrs. Oscar José Blanco-Romero,
Roberto Javier Hernández-Paz and José Francisco Rivas-Fernández, as provided in
paragraphs 59 to 61 of the instant Judgment.
4.
The State has violated Article 8(2) (Fair Trial) of the American Convention on
Human Rights, in relation to Article 1(1) thereof, to the detriment of Mrs. Alejandra
Josefina Iriarte de Blanco, as provided in paragraph 61 of the instant Judgment.
5.
The instant Judgment is, in and of itself, a form of reparation, as set forth in
paragraph 87 hereof.
AND RULES,
Unanimously, that:
6.
The State is to carry out investigations and effective, unbiased judicial
proceedings on the three forced disappearances involved in the instant case, leading
to the truth of the facts and the punishment of those responsible therefor, as per
paragraphs 94 to 98 and 116 of the instant Judgment.
7.
The State is to adopt such measures as may be necessary to establish the
whereabouts of Messrs. Oscar José Blanco-Romero, Roberto Javier Hernández-Paz
and José Francisco Rivas-Fernández as soon as possible. Should they be found dead,
such measures are to be directed at delivering their remains to their next of kin for
burial as the latter may deem appropriate. Should this be the case, the State is to
provide the conditions required to convey the victims’ remains to such place as may
be determined by their next of kin, and to give them decent burial at no expense for
such next of kin, as per paragraphs 99 and 116 of the instant Judgment.
8.
The State shall publish once, within a six-month delay as from the date it be
notified of the instant Judgment, in the Diario Oficial (Official Gazette) and in another
national daily newspaper with national coverage, the Section of the instant Judgment
called Proven Facts, without its footnotes, paras. 54 to 65 in the Section of the
instant Judgment called Merits, and the operative paragraphs (infra para. 125)
herein, as per paragraphs 101 and 116 hereof.
9.
In line with the provisions of Articles 7(6), 25 and 2 of the American
Convention on Human Rights, the State is to pass such legislative or other measures
as may be required in order for writs of habeas corpus to be effectively processed in
Venezuela in cases of forced disappearance, as per paragraphs 104 and 116 hereof.
10.
The State is to adopt, within a reasonable time period, such measures as may
be necessary to reform its criminal laws so as to bring them in line with the
international standards on the protection of individuals in connection with the forced
disappearance of persons, as per paragraphs 105 and 116 of the instant Judgment.
11.
The State is to include, as part of the education and training courses for the
officers of the Armed Forced and the Office of the Sector Director General of the
Intelligence and Preventive Services Bureau, a program regarding the principles and
rules of human rights protection, particularly the prohibition against forced
disappearance, torture and disproportionate use of force, taking into consideration
the case-law of the Inter-American System for the Protection of Human Rights, as a
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