60
in the field of operations to avoid excess. And, the State must ensure that, if it is
necessary to resort to physical means to face public disturbances, members of the armed
forces and security agencies will use only those strictly required to control such situations
in a rational and proportional manner, respecting the right to life and to humane
treatment.
149. Likewise, the Court deems it appropriate that the State frame and implement
a training program on human rights and international standards applied to inmates
addressed to police agents and penitentiary officials.
f)
Public acknowledgment of liability
150. The Court thinks highly of the public acknowledgment of liability made by
Venezuela during the hearing held in the instant case (supra para. 42). However,
taking into account that not all next of kin were present at said hearing, and that the
public acknowledgment of liability is a guarantee of non repetition that should be
known by the whole Venezuelan society, the Court orders the State to publicly
acknowledge its international liability and ask public forgiveness to the victims´ next
of kin declared in the instant Judgment. Said acknowledgment must be made in the
presence of the victims´ next of kin and the highest-ranked authorities of the State
within the term of six months as from the date of service of the instant Judgment.
g)
Judgment publication
151. As ordered in previous cases and as a measure of satisfaction,186 the State
must publish at least once in the Official Gazette and in another national daily
newspaper the chapter on the facts established in the instant Judgment, without its
footnotes, as well as the operative paragraphs herein. Said publications must be
made within six months as from the date of service of the instant Judgment.
E)
COSTS AND EXPENSES
152. Costs and expenses are contemplated within the concept of reparations as
enshrined in Article 63(1) of the American Convention, since the victims´ efforts to
obtain justice in the domestic as well as international levels lead to expenses that
must be compensated when the State’s international liability has been determined in
a conviction judgment. With regard to their reimbursement, the Court must
prudently assess their extent, which involve the expenses incurred when acting
before the authorities with domestic jurisdiction as well as those incurred in the
course of proceedings before the Inter-American System, taking into account the
particular circumstances of the specific case and the nature of international
jurisdiction in the protection of human rights. Said assessment might be made on
equitable grounds and taking into account the expenses declared by the parties,
provided the amounts are reasonable.187
153. In the instant case, the Court notes that many of the victims´ next of kin
have not been identified. Therefore, it is not possible to award a compensation for
186
Cf.. Case of Baldeón-García, supra note 3, para. 194; Case of Sawhoyamaxa Indigenous
Community, supra note 120, para. 236, and Case of Acevedo-Jaramillo et al. v. Peru , supra note 3,
para. 313.
187
Cf.. Case of Baldeón-García, supra note 3, para. 208; Case of Sawhoyamaxa Indigenous
Community, supra note e 120, para. 237, and Case of Acevedo-Jaramillo et al. v. Peru, supra note 3,
para. 315.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos