42
148. In accordance with the breaches and violations to the Convention already held (supra paras.
71, 110 and 130), pursuant to the general obligation to guarantee rights under Article 1(1) of the
American Convention, and complying with its obligation to investigate and, if applicable, punish the
perpetrators of the facts, the State must use all available means to render effective the
investigation and proceedings in the ordinary criminal jurisdiction and as such, to avoid the
repetition of facts similar to those in the instant case. The State cannot allege any law or provision
of its domestic laws to exempt itself of the order of the Court to investigate, and if applicable,
criminally punish those responsible for the extrajudicial execution of Wilmer Zambrano Vélez, José
Miguel Caicedo Cobeña and Segundo Olmedo Caicedo Cobeña.
149. Finally, the State must ensure to the victims’ family members full access and capacity to act
in all stages and instances of the said investigations and proceedings, pursuant to the domestic
laws and the provisions of the American Convention119. The right to truth, which underlies the right
of the victims or their family members to obtain from the competent organs of the State a
clarification over the violations and corresponding responsibilities, through the investigation and
prosecution120; and which, recognized and exercised in a particular situation, constitutes an
important measure of reparation and gives rise to an adequate expectation of the victims, which
the State must satisfy121.
b)
Public act of aknowledgement of responsibility
150. In order to ensure that both the partial aknowledgement of responsibility made by Ecuador
and the findings by the Court in this case have full effects of reparation to preserve the memory of
Mr. Wilmer Zambrano Vélez, Mr. José Miguel Caicedo Cobeña and Mr. Segundo Olmedo Caicedo
Cobeña and to apologize to their family members; as well as to ensure that such acknowledgement
by the State and findings by the Court serve as non-repetition guarantees, the Court deems
important that the State carry out a public act of aknowledgement of its responsibility for the
extrajudicial execution of the victims and for other violations committed in the instant case. Such
act shall be carried out in the presence of the family members of the aforementioned individuals, if
they wish to assist, and shall also involve the participation of high State authorities. The said act
must be celebrated within six months from the notification of the present Judgment.
c)
Publication of the judgment
151. As ordered in other cases122 and as a measure of satisfaction, the State shall publish at least
once in the Official Gazette and in other newspaper of broad national coverage, paragraphs 8 to
130 of the present Judgment and the operative paragraphs therein. The said publications must be
made within six from the notification of the present Judgment.
d)
Adequacy of the legislation with conventional standards
Cf. Case of Juan Humberto Sánchez, supra note 75, para. 186. See also Case of Bueno Alves, supra note 8, para.
211, and Case of La Cantuta, supra note 7, para. 228.
119
Cf. Case of Bámaca-Velásquez. Reparations, supra note 14, para. 75. See also Case of the Rochela Massacre, supra
note 7, para. 147, and Case of Almonacid Arellano et al, supra note 14, para. 148.
120
Cf. Case of Bámaca-Velásquez. Reparations, supra note 14, para. 76. See also Case of Velásquez-Rodríguez, supra
note 75, para. 181; Case of the Rochela Massacre, supra note 7, para. 264, and Case of La Cantuta, supra note 7, para.
222.
121
Cf. Case of Cantoral Benavides. Reparations, supra note 116, para. 79; Case of Bueno Alves, supra note 8, para.
215, and Case of the Rochela Massacre, supra note 7, para. 277.
122