129
and forced disappearance, all of them prohibited because they violate non-derogable
rights recognized by international human rights law.296
277. To comply with this obligation, the State must also remove all de facto and
legal mechanisms and obstacles that maintain impunity in the instant case; it must
provide sufficient security measures to the judicial authorities, prosecutors,
witnesses, legal operators, and to the next of kin of Myrna Mack Chang and use all
means available to it so as to expedite the proceeding.
*
*
*
278. On the other hand, for the acknowledgment of responsibility by the State and
what this Court has set forth to have full reparation effects for the victims and to act
as guarantees of non-recidivism, the Court deems that the State must carry out a
public act of acknowledgment of its responsibility regarding the facts in this case and
of amends to the memory of Myrna Mack Chang and to her next of kin,297 in the
presence of the highest authorities of the State, which must be published in the
media.
279. At that same act, taking into account the specifics of the case, the State must
also publicly honor the memory of José Mérida Escobar, the police investigator who
was murdered in connection with the facts in the instant case (supra para. 134.96).
*
*
*
280. The State must also publish, within three months of notification of the instant
Judgment, at least once, in the official gazette “Diario Oficial” and in another
national-circulation daily, operative paragraphs 1 to 12 and the proven facts
contained in paragraphs 134; 134.1 to 134.8; 134.10 to 134.19; 134.26; 134.86 to
134.90; and 134.95 to 134.106, without the footnotes, of the instant Judgment.
*
*
*
281. The characteristics of the facts in this case reveal that the armed forces, the
police corps, and the security and intelligence agencies of the State acted exceeding
their authority by applying means and methods that were not respectful of human
rights. It is imperative to avoid recidivism of the circumstances and facts described
with respect to this same Judgment.
282. The State must adopt the necessary provisions for this and, specifically, those
tending to educate and train all members of its armed forces, the police and its
security agencies regarding the principles and rules for protection of human rights,
even under state of emergency. The State must specifically include education on
296
Barrios Altos Case. Judgment of March 14, 2001. Series C No. 75, para. 41; El Caracazo Case.
Reparations, supra note 277, para. 119; Trujillo Oroza Case. Reparations, supra note 277, para. 106; and
Barrios Altos Case. Interpretation of the Judgment on the Merits (Art. 67 American Convention on Human
Rights). Judgment of September 3, 2001. Series C No. 83, para. 15.
297
Cf. Juan Humberto Sánchez Case, supra note 9, para. 188.
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