9
respective domestic laws. This principle applies not only with respect to substantive
provisions of human rights treaties –that is to say, those which contain provisions on the
protected rights - but also to procedural rules and regulations, such as those which refer to
the compliance with the Court decisions. These obligations must be construed and applied in
such a way that the protected guarantee is truly practical and efficient, taking the special
nature of human rights treaties into account.4
10.
That as to “the location of the out-of-wedlock children of Mr. Raúl Baigorria and the
deposit of the compensatory amount awarded to them as reparations” (paragraph 86 and
operative paragraphs first and third of the Reparations Judgment of August 27, 1998), the
Court takes note of the deposit of the compensatory amounts in their benefit (supra Having
Seen clause No. 6). Even though it is appropriate to urge the State to effect the measures
agreed upon by the parties on the above mentioned transcription of November 23, 2007, as
well as any other provision aimed for that matter, the Court enhances the fact that the
State has already taken several measures in order to locate those children, particularly the
alleged mother, yet without any positive results (supra Having Seen clause No. 6).
Furthermore, the State informed that in a statement given by Mr. Ricardo Baigorria
Balmaceda, brother of one of the victims, he expressed that his brother “never had a child
and that he mentioned so while he was detained in the penitentiary as a justification to
have access to the exits benefit" (supra Having Seen clause No. 6). On the other hand, the
State expressed that, in its opinion, these people do not exist (supra Considering Clause no.
6) and the representative said that both them in their capacity as representatives of the
victims and their next of kin, and the next of kin of Mr. Baigorria, who have been examined,
have stated that they were not aware of the existence of these alleged children (supra
Considering Clause No. 7).
11.
That with respect to the obligation to investigate the facts which led to the
disappearance of Mr. Adolfo Garrido and Mr. Raúl Baigorria and the punishment of those
responsible for it, according to the information contributed with, after the report submitted
in August, 1996 by the Ad Hoc Investigation Commission, created by means of an
Administrative Provision of the Supreme Court of Justice of Mendoza, the judge in charge of
the investigation was removed from his office; some excavations have been made in order
to find the remains of the victims, without any positive results, and a public reward was
offered for anyone providing information on that matter; that to date no one has been
accused or prosecuted; and that the proceedings required to include the records of the ad
hoc Commission to the investigation in the judicial venue had commenced, a process that
the State refers to as "judicialization" (supra Having Seen clause No. 6). After noticing that
no effective judicial investigations have been executed, this Court can not cease to insist on
the fact that the investigation must be effected through all the legal means available and
that it must be oriented to determine the truth and the investigation, the pursuit and the
eventual prosecution and punishment of those responsible for the facts5, especially
considering that nine years have passed since the rendering of the reparations Judgment
and 17 years since the facts of this case took place. Particularly, the State can not fail to
4
Cf. IACHR. Case of Ivcher-Bronstein v. Peru. Jurisdiction. Judgment of September 24, 1999. C Series No.
54, par. 37; Case of Gómez-Palomino v. Peru. Monitoring of Compliance with Judgment. Decision of October 18,
2007, Having Seen clause No. Four, and Case of García-Asto and Ramírez-Rojas, supra note 3, Having Seen clause
No. seven.
Cf. IACHR. Case of the Pueblo Bello Massacre v. Colombia. Merits, Reparations and Costs. Judgment of
January 31, 2006. C Series No. 140, par. 143; Case of Zambrano-Vélez et al v. Ecuador. Merits, Reparations and
Costs. Judgment of July 4, 2007. C Series No. 166, par. 123, and Case of Escué-Zapata v. Colombia. Merits,
Reparations and Costs. Judgment of July 4, 2007. C Series No. 165, par. 106.
5
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