227. In consideration of the violations declared in the previous chapters, this Court will
proceed to analyze the claims presented by the Commission and the representatives, as well
as the arguments of the State, in light of the criteria established in the Court's case law in
relation to the nature and scope of the obligation to repair, in order to provide the measures
aimed at repairing the damage caused to the victims.188
228. International case law, and in particular that of this Court, has repeatedly established
that the judgment constitutes by itself a form of reparation. 189 However, considering the
circumstances of this case and the violations committed against the victim, the Court deems
it pertinent to establish other measures.
A. Injured Party
229. This Court reiterates that it considers an injured party, in the terms of Article 63(1) of
the Convention, to be the victim of a violation of any right recognized therein. Therefore, this
Court considers Tirso Román Valenzuela Ávila to be the “injured party”.
B. Obligation to investigate
B.1. Investigate, identify and, where appropriate, punish those responsible for the
death of Tirso Román Valenzuela Ávila.
230. The Commission asked the Court to order the State to investigate, diligently,
effectively and within a reasonable time, the "extrajudicial execution" of Mr. Valenzuela Ávila
in order to fully clarify the facts, identify the perpetrators and impose the corresponding
sanctions. The representatives asked the Court to order the State to investigate all the facts
related to the violations committed so that they do not remain unpunished.
231. The State argued that the investigation process for the death of Mr. Valenzuela Ávila
is still open and that his case has not gone unpunished, that the delay in the proceedings has
been due to the complexity of the matter and that all proceedings considered appropriate to
find those responsible have been conducted.
232. In this judgment the Court declared, inter alia, that the investigations carried out were
not diligent or effective, nor did the State respect the guarantee of a reasonable time, to
establish what happened, identify, prosecute and, where appropriate, punish those responsible
for the events that occurred to Tirso Román Valenzuela Ávila.
233. Taking into account that the criminal proceedings remain open to clarify the facts
related to the death of Tirso Román Valenzuela Ávila (supra para. 103), the Court orders that
the State must continue with the investigations that are necessary to identify, prosecute and,
where appropriate, punish those responsible for his death, taking into account the possible
hypotheses of the cause of death. Said obligation must be fulfilled in accordance with the
standards established by the case law of this Court,190 that is, with due diligence and within a
Cf. Case of Andrade Salmón v. Bolivia. Merits, Reparations and Costs. Judgment of December 1, 2016. Series
C No. 330, para. 189, and Case of Gorigoitía v. Argentina, supra, para. 62.
189
Cf. Case of Neira Alegría et al. v. Peru. Reparations and Costs. Judgment of September 19, 1996. Series C
No. 29, para. 56, and Case of Gorigoitía v. Argentina, supra, para. 63.
188
Cf. Case of the Human Rights Defender et al. v. Guatemala. Preliminary Objections, Merits, Reparations and
Costs. Judgment of August 28, 2014. Series C No. 283, para. 252, and Case of Munárriz Escobar et al. v. Peru, supra,
para. 122.
190
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