99 To make reparations to the victims for denial of their rights, by means of payment of a pecuniary compensation, to be established by the Court. The Commission endorses all the measures for public acknowledgment of responsibility and correction of the wrongs to the good name and honor of the victims by the State, requested by the representatives of the victims and of the next of kin. e) As a guarantee of sanctions: To conduct a serious, independent, and impartial investigation to individually identify and punish the State agents responsible for the unreasonable delay of the military and judicial proceedings opened. f) As a guarantee of non-recidivism: To order the legislative and other provisions necessary to prevent and avoid repetition of similar violations in the future, and to punish their perpetrators, modifying domestic legislation if this is necessary. The Commission supports the request made by the representatives of the victims and of the next of kin, for the State to include courses on protection of human rights in the study programs of military and police academies and to promote the establishment of a strictly civil Police corps in charge of public security. Arguments of the State 114. For the reasons stated before regarding application of the estoppel principle, in the chapter on assessment and use of the evidence, the Court will not refer, in this section, to the arguments of the State pertaining to other forms of reparation of the damage caused by the facts in this case. Considerations of the Court 115. All the States party to the American Convention have the duty to investigate human rights violations and to punish the perpetrators and accessories after the fact in said violations. And any person who considers himself or herself to be a victim of such violations has the right to resort to the system of justice to attain compliance with this duty by the State, for his or her benefit and that of society as a whole.192 116. The Court notes that in this case there are several circumstances attributable to the State and that constituted obstacles to investigation of the facts, and to identification and punishment of those responsible, as follows: a) lack of willingness and commitment of the competent authorities to undertake the respective criminal proceedings under regular and military jurisdiction, which led to numerous irregularities and unjustifiable delays; b) lack of access by the victims, their next of kin or their representatives to the criminal investigations and proceedings due to the so called “secrecy of the preliminary investigations;” and c) use of common graves and subsequent denial of their existence by the authorities. 192 Cf. Trujillo Oroza Case. Reparations, supra note 2, para. 99; Bámaca Velásquez Case. Reparations, supra note 2, paras. 75 and 77; and Cantoral Benavides Case. Reparations, supra note 27, paras. 69 and 70.

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