100
117. At the date of the instant Judgment, after more than thirteen years, neither
those responsible for the homicides, disappearances and grave wounds suffered by
the victims nor those who ordered burial of the deceased in common graves have
been identified and punished. This has led to a situation of grave impunity regarding
the respective facts, a situation which constitutes an infringement of the
aforementioned duty of the State. It is injurious to the victims, their next of kin and
society as a whole, and fosters chronic recidivism of the human rights violations
involved.
118. It is therefore necessary for the State to undertake an effective investigation
of the facts in this case, to identify those responsible for them, both the principals
and the abettors, as well as possible accessories after the fact, and to punish them
administratively and criminally as appropriate. The domestic proceedings involved
must address the violations of the right to life, the right to humane treatment, and
the right to fair trial, due process and effective remedy, to which the judgment on
the merits referred. They must also address the use of common graves, by means
of irregular burials, and the cover-up of the use of such graves. The next of kin of
the victims and the surviving victims must have full access and the capacity to act
during all stages and levels of said investigations, pursuant do domestic law and to
the provisions of the American Convention. Their results must be made known to
the public, for Venezuelan society to know the truth.
119. The State must ensure that domestic proceedings directed toward
investigation and punishment of those responsible for the facts in this case have the
desired effects and, specifically, not resort to measures such as amnesty,
extinguishment and measures designed to eliminate responsibility. In this regard,
the Court has pointed out that:
[...] all amnesty provisions, provisions on prescription and the establishment of
measures designed to eliminate responsibility are inadmissible, because they are
intended to prevent the investigation and punishment of those responsible for serious
human rights violations such as torture, extrajudicial, summary or arbitrary execution
and forced disappearance, all of them prohibited because they violate non-derogable
rights recognized by international human rights law.193
Public officials and private citizens who hamper, divert or unduly delay investigations
tending to clarify the truth of the facts must be punished, rigorously applying, in this
regard, provisions of domestic legislation.
120. The State must effect the necessary legislative amendments to fulfill the
duties dealt with in the previous paragraphs.
*
*
*
121. The Court has established that the whereabouts of the mortal remains of the
following victims in this case are unknown, the State having been declared
internationally responsible for their homicides and disappearances in the judgment
on the merits: Benito del Carmen Aldana Bastidas, Boris Eduardo Bolívar Marcano,
193
Barrios Altos Case. March 14, 2001 Judgment. Series C No. 75, para. 41. By the same token, Cf.
Trujillo Oroza Case. Reparations, supra note 2, para. 106; and Barrios Altos Case. Interpretation of the
Judgment on the Merits. (Art. 67 American Convention on Human Rights). September 3, 2001 Judgment.
Series C No. 83, para. 15.
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