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administrative activities, designed to obtain compensation for damages
resulting from an abuse of authority. In general, this procedure alone is not
an adequate mechanism to repair cases of human rights violations, so that is
does not need to be exhausted in a case such as this one when there is
another mechanism to achieve the reparation of the damage and the required
prosecution and sanctions”; and
(h)
There has been an unjustified delay in the criminal investigation of the
facts.
The representatives’ arguments
102. Regarding the preliminary objection filed by the State, the representatives
indicated that:
(a)
The preliminary objection “is groundless” and, therefore, the Court
should reject it;
(b)
The State had presented a preliminary objection and an
acknowledgement of responsibility simultaneously, acquiescing to several of
the claims in the Commission’s application, which “constituted a subsequent
waiver of objections”;
(c)
“The appropriateness of the remedies stems from their ability to result
in the effective integral reparation of the alleged violations[.] Integral
reparation is understood to mean the identification, prosecution and sanction
of those responsible, and also the reparations intended to guarantee that
similar facts will not recur and that the damage caused is compensated”;
(d)
The “purpose of the criminal proceedings in the domestic sphere is to
identify, prosecute and punish those responsible, and also to re-establish the
rights and to compensate the damage caused.” Consequently, this remedy
was the one that “the [alleged] victims and their next of kin should exhaust to
obtain the protection of their rights in the terms of the Convention”;
(e)
The determination of the responsibility of public officials by means of
disciplinary proceedings “is merely aimed at assessing that their actions
correspond to the norms regulating the performance of their public functions.”
During the disciplinary proceedings, there is no “possibility of suing all those
responsible, but merely individuals in their capacity as public officials.”
Additionally, “the disciplinary investigation does not provide access to the
[alleged] victims and their next of kin.” Consequently, the disciplinary
proceeding does not have “the scope of punishment in the terms of the
Convention”;
(f)
The financial compensation available as the result of administrative
proceedings “cannot be understood as integral reparation in the terms of the
Convention, [because] it only covers the financial aspect, and disregards the
re-establishment of the rights through the determination of the truth and the
identification, prosecution and punishment of those responsible”; and
(g)
When the El Aro and La Granja cases were submitted to the interAmerican system, “the investigations undertaken as a result of the facts had
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