b) Remove all the obstacles to the proper investigation of the facts in the corresponding
proceedings so as to avoid the repetition of what happened in this case.307 Thus, in
cases of grave human rights violations, such as, in the instant case, the extrajudicial
executions (supra paras. 93 to 97), the State may not apply amnesty laws, or argue
prescription, non-retroactivity of criminal law, res judicata, or the non bis in idem
principle or any similar mechanism to waive responsibility, in order to avoid this
obligation;308
c) Ensure that the different organs of the judicial system involved in the case have the
necessary human and material resources to perform their duties in an appropriate,
independent and impartial manner, and that those who participate in the
investigation, including victims, witnesses and agents of justice, have the necessary
guarantees of safety309 and means of transport to give testimony, and refrain from
acts that obstruct the progress of the investigative process, and
d) Ensure the full access and capacity to act of the survivors and the victims’ next of kin
at all stages of this investigation, in accordance with domestic law and the provisions
of the American Convention. In addition, the results of the proceedings must be
publicized so that society can know the facts of the case and those responsible.310
2.
Identification and repatriation of the mortal remains of the deceased
victims
250. The representatives asked the Court to order the Dominican State to ensure the
repatriation of the remains of the deceased victims to their next of kin. The Inter-American
Commission did not refer to this aspect.
251. The State submitted documentation showing that State officials are unaware of the
final location of the mortal remains of the deceased victims.
252. The Court concluded that the right of the victims’ next of kin to know the
whereabouts of the remains of their loved ones constitutes not only a requirement of the
right to know the truth, but also a measure of reparation and, consequently, gives rise to
the corresponding obligation of the State to satisfy these reasonable expectations. The
failure to identify and return the remains to their next of kin was an expression of degrading
and discriminatory treatment, in violation of Articles 5(1) and 1(1) of the Convention to the
detriment of the deceased and their next of kin (supra para. 117).
253. Consequently, the Court orders that, within one year of notification of this Judgment,
the State must determine the whereabouts of the bodies and, following genetic proof of
relationship, by mutual agreement with the next of kin or the representatives, they must be
repatriated to Haiti and delivered to the next of kin. In addition, the State must assume the
said expenses and, as appropriate, the funeral costs.311
307
Cf. Case of La Cantuta v. Peru, supra, para. 226, and Case of the Las Dos Erres Massacre v. Guatemala,
supra, para. 240.
308
Cf. Case of Barrios Altos v. Peru. Merits, supra, paras. 41 a 44 and Case of González Medina and Family
Members v. Dominican Republic, supra, para. 285.e).
309
Cf. Case of Contreras et al. v. El Salvador. Merits, reparations and costs. Judgment of August 31, 2011.
Series C No. 233, para. 186(d), and Case of the Rio Negro Massacres v. Guatemala, supra, para. 257(e).
310
Cf. Case of El Caracazo v. Venezuela. Reparations and costs. Judgment of August 29, 2002. Series C No.
95, para. 118, and Case of the Rio Negro Massacres v. Guatemala, supra, para. 258.
311
Cf. Case of Anzualdo Castro v. Peru. Preliminary objection, merits, reparations and costs. Judgment of
September 22, 2009. Series C No. 202, para. 185, and Case of the Rio Negro Massacres v. Guatemala, supra, para.
270.
67
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