98
State official; and to establish that the terms for extinguishment of
crimes against human rights be suspended while de facto situations
that impede or hinder exercise of the respective legal actions continue;
and
d.ii)
to amend the Military Justice Code to make it compatible with
the American Convention, the Constitution and domestic laws,
specifically as regards elimination of the concept of due obedience to
all types of orders in the line of duty; to modify the concept of military
honor; and to include participation of the Attorney General of the
Republic in all military proceedings;
e)
to formally effect educational reforms to the study programs at the
military and police academies, and in general in the training and professional
improvement centers of those institutions, with mandatory courses on
protection of human rights, taught by specialized professors; and to
implement participation of non-governmental human rights organizations;
f)
to reestablish the good name of the victims and develop collective
remembrance to avoid repetition of these facts, and specifically to solemnly
and explicitly reestablish the dignity of the victims by means of a public
statement; to build a monument to the memory of the victims of the events
of February and March, 1989; and to decree that February 27 will be
“National Human Rights Day;”
g)
with respect to public security, to establish a civil body of the National
Police, respectful of human rights, to carry out public security tasks; and
h)
to offer the victims and their next of kin the necessary means for
special and professionalized rehabilitation care, and for each victim to be able
to choose the professional who will provide this care. Also, to consult with
the schools of psychology and psychiatry at Universidad Central de Venezuela
to implement the above.
Arguments of the Commission
113.
The Commission in turn requested that the Court order the State:
c)
As a guarantee of procedural assurance:
To continue the judicial proceedings in course that seek to establish the facts
and punish the principals, abettors and accessories after the fact, giving the
former the necessary procedural impetus for them to be completed within a
reasonable time, allowing the direct victims and their next of kin to exercise
control over actions taken.
This investigation must include correct
identification of the bodies irregularly buried in the General Southern
Cemetery and their delivery to their next of kin, as well as establishment of
the whereabouts of the missing persons. For this, the Venezuelan authorities
must take into account the standards set forth in the “Principles on the
Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary
Executions” of the Economic and Social Council of the United Nations.
d)
As a guarantee of reparations:
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