102
exhumed in 1990 (supra para. 66.7 and 66.8) and it must deliver their remains to
their next of kin, for them to bury those remains in the appropriate manner at the
place they choose.
*
*
*
127. The characteristics of the facts in the instant case reveal that the armed
forces and security agencies of the State were not prepared to face public order
disturbances by applying means and methods that respect human rights. It is
necessary to avoid by all means any repetition of the circumstances described. The
State must adopt all necessary provision to this end, and specifically those for
education and training of all members of its armed forces and its security agencies
on principles and provisions of human rights protection and regarding the limits to
which the use of weapons by law enforcement officials is subject, even in a state of
emergency. The pretext of maintenance of public security cannot be invoked to
violate the right to life. The State must, also, adjust operational plans regarding
public disturbances to the requirements of respect and protection of those rights,
adopting to this end, among other measures, those geared toward control of actions
by all members of the security forces in the very field of action to avoid excess.
Finally, the State must ensure that, if it is necessary to resort to physical means to
face situations of disturbance of public order, the members of its armed forces and
its security bodies will use only those means that are indispensable to control such
situations in a rational and proportional manner,196 and respecting the rights to life
and to humane treatment.
*
*
*
128. Acknowledgment of responsibility by the State has been a positive
contribution to the development of these proceedings and to effectiveness of the
principles that inspire the American Convention.197 Nevertheless, the Court deems
that for said recognition to have the full effect of reparation to the victims and to
serve as a guarantee of non-recidivism of facts such as those in the instant case, the
State must publish within a reasonable time, in the Official Gazette and in a daily
newspaper with national circulation, at least once, chapter I, under the title
Introduction of the Case, paragraph 1 subparagraphs a),b),c),d),e),f) and (a) and
the operative paragraphs of chapter VII of the judgment on the merits; and
paragraphs 66 to 66.16 of the instant Judgment.
X
LEGAL COSTS AND EXPENSES
Arguments of the representatives of the victims and of the next of kin
129.
The representatives of the victims and of the next of kin stated the following:
196
Cf. Durand and Ugarte Case, supra note 24, paras. 68, 69 and 71.
197
Cf. Trujillo Oroza Case. Reparations, supra note 2, para. 118; El Caracazo Case, supra note 28,
para. 43; and Benavides Cevallos Case. June 19, 1998 Judgment. Series C No. 38, para. 57.
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