41 consequences of the measure or situation that constituted the breach of such right or freedom be remedied and that fair compensation be paid to the injured party. 143. The Court considers that the State is compelled to investigate facts prompting the violations. Even, if internal order difficulties supposedly prevent the identification of the liable parties due to the nature of their offenses, the right of the victims’ relatives to know about their fate and the whereabouts of their mortal remains. Therefore, the State should meet these fair expectations with any of its available resources. Besides the obligation to investigate, there is another obligation to prevent any possible commission of involuntary disappearance and punish the liable parties. 144. It is evident in this case that the Court cannot ensure those damaged to fully enjoy their violated rights and freedoms. However, the compensation of the consequences causing the violation of specific rights is legal and must include a fair compensation of expenses that the victims’ relatives would have incurred in to pay for any related proceedings. 145. To determine compensation, the Court shall need information and enough probative elements, so it is legal to start the corresponding procedural stage. To this end, it entrusts its President with adopting the necessary measures. XVII OPERATIVE PARAGRAPHS 146. Now therefore, THE COURT unanimously, 1. declares that the State violated, to the detriment of Nolberto Durand Ugarte and Gabriel Pablo Ugarte Rivera, Article 4(1) of the American Convention on Human Rights. by six votes against one, 2. declares it has not been proven that the State violated, to the detriment of Nolberto Durand Ugarte Rivera, Article 5(2) of the American Convention on Human Rights. Judge Carlos Vicente de Roux Rengifo disagrees. unanimously, 3. declares that the State violated, to the detriment of Nolberto Durand Ugarte and Gabriel Pablo Ugarte Rivera, Article 7(1) and 7(5) of the American Convention on Human Rights. unanimously,

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