reasonable period of time. Moreover, the Commission underscore the fact that the criminal liability of State agent Marco Tulio Regalado was established in criminal proceedings flawed by various omissions and irregularities, thereby preventing the victim's family from having full knowledge of the facts and of the assignment of all responsibilities. 80. Based on the above, the Commission considers that to this day the crime has gone unpunished and that the State has failed to comply with its duty to guarantee an appropriate investigation to identify and, where applicable, punish all those responsible for Mr. Deras' death, and even to enforce the only conviction imposed for his extrajudicial execution, Consequently, the IACHR concludes that the State violated the rights to judicial guarantees and judicial protection recognized in Articles 8(1) and 25(1) of the American Convention, in conjunction with Article 1(1) thereof, to the detriment of Mr. Deras' next-of-kin. 81. The Commission also underscores the fact that the State has not presented information on any start to investigations to throw light on the various violations of the American Convention already identified in the present report committed against family members of Mr. Deras. Consequently, the Commission considers that the State also failed to comply with its duty to guarantee an appropriate investigation designed to identify and, where applicable, punish all those responsible for acts against personal integrity, illegal and arbitrary detentions, raids, and so on. Therefore, the IACHR concludes that the State violated the rights to judicial guarantees and judicial protection recognized in Articles 8(1) and 25(1) of the American Convention, in conjunction with Article 1(1) thereof, to the detriment of Mr. Deras' next-of-kin. D. Right to humane treatment/personal integrity (Article 5.1 in connection with Article 1.1 of the American Convention) 82. The Inter-American Court has indicated, on several occasions, that the next-of-kin of victims of grave human rights violations may, in turn, be considered victims.79 Furthermore, the Commission has determined that “the single loss of a loved one as a consequence of the arbitrary use of force by security forces, in an ongoing context of threats and defenselessness, followed by the further lack of clarification and impunity, permits the inference of an adverse effect on the physical and psychological integrity of the immediate family unit of those killed.”80 83. Regarding impunity, the Court has held: [T]he absence of a complete and effective investigation into the facts constitutes a source of additional suffering and anguish for victims and their next of kin, who have the right to know the truth of what happened. This right to the truth requires a procedural determination of the most complete historical truth possible, including the determination of patterns of collective action and of all those who, in different ways, took part in the said violations, as well as their corresponding responsibilities.81 84. In the instant case, the Commission already considered it established that Herminio Deras lost his life as a result of an extrajudicial execution committed by military personnel, which constitutes grave violation of human rights that, of necessity, inflicted suffering on his next-of-kin. In addition, in the instance case, there is a situation of impunity in that only one person has been convicted and that sentence has not been enforced. Furthermore, the Commission takes not of the threats allegedly received by family members during the process, which the State has also not contested. Consequently, the Commission concludes that the State violated the right to humane treatment/personal integrity recognized in Article 5.1 of the American Convention, in connection with Article 1(1) of the same instrument, to the detriment of the family members of Herminio Deras García identified in the present report on the merits. V. CONCLUSIONS AND RECOMMENDATIONS I/A Court H.R. Case of Furlan and Family v. Argentina, Preliminary Objections, Merits, Reparations and Costs. Judgment of August 31, 2012. Series C No. 246, par. 249. 80 IACHR. Report No. 11/10. Case 12.488, Merits. Barrios Family, Venezuela. July 26, 2010, par. 227. 81 I/A Court H.R. Case of Valle Jaramillo et al. v. Colombia. Merits, Reparations, and Costs. Decision of November 27, 2008, par. 102. 79 15

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