90
258. The desire of the victim’s next of kin to identify the whereabouts of their
disappeared ones and, where applicable, to know of their bodily remains, and to
receive them and bury them according to their believes, thus bringing closure to
their grieving process experienced throughout the years, constitutes a right, in
addition to the right of the victims to know the truth, 312 which—as a measure of
reparation for the transgression—generates the corresponding obligation of the State
to honor and guarantee it, in addition to contributing helpful information regarding
the perpetrators of the violations or about the institutions to which they belong. 313
259. Consequently, as a form of reparation of the victims right to the truth, 314 the
State must continue its effective investigation and immediate localization of María
Claudia Garcia, or of her bodily remains, be it by a criminal investigation or through
other efficient and appropriate proceedings. Carrying out said procedures must be in
accordance with international standards. 315
260. The referred procedure should be reported to her next of kin, securing, as far
as possible, assure their presence. If the bodily remains of María Claudia Garcia are
to be found, these must be given to her next of kin as soon as possible, including
proof of previously conducted genetic parentage testing. Furthermore, the State
must pay for funeral expenses, if applicable, in agreement with the next of kin. 316
The costs of all the abovementioned should be assumed by the State.
C. Other means of satisfaction and guarantees of non-repetition
C.1. Satisfaction
i.
Public act of acknowledgment of international responsibility and
recovery of the memory of María Claudia García de Gelman.
312
Cf. Case of Neira Alegría et al. V. Perú. Reparations and Costs. Judgment of September 19, 1996.
Series C No. 29, para. 69; Case of Ibsen Cárdenas and Ibsen Peña, supra note 9, para. 214, and Case of
Gomes Lund et al. (Guerrilha do Araguaia), supra note 16, para. 261.
313
Cf. Case of The Dos Erres Massacre, supra note 127, para. 245, and Case of Gomes Lund et al.
(Guerrilha do Araguaia), supra note 16, para. 261.
314
Cf. Case of del Caracazo. Reparations and Costs, supra note 310, paras. 122 and 123; Case of
Anzualdo Castro, supra note 75, para. 185, and Case of Radilla Pacheco, supra note 74, para. 336.
315
See, among others, those set forth in the UN Manual on Effective Investigation and Prevention of
Extrajudicial,
Arbitrary, and Summary
Executions; Comments
and Recommendations
adopted by
consensus at the International Conference of governmental and nongovernmental organizations in
the framework of the Project "missing persons and their families," of the International Committee of the
Red Cross; and the Protocol Model for Forensic Investigation of Suspicious Deaths due to violation
of Human Rights, of the Office of the High Commissioner of the United Nations.
316
Cf. Case of La Cantuta, supra note 292, para. 232; Case of Ibsen Cárdenas and Ibsen Peña,
supra note 9, para. 242, and Case of Gomes Lund et al. (Guerrilha do Araguaia), supra note 16, para.
262.
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