57
José Javier Santoya
Yomaris
Wilmer Benjamín Gómez-Vásquez
Brother
Daughter
Victim
US$ 1,000.00
US$ 25,000.00
US$ 75,000.00
135. The compensations awarded in the previous paragraph unto the victims shall
be paid according to the provisions of paragraph 122 of the instant Judgment and
the compensations awarded unto their next of kin shall be directly paid to each
beneficiary.
OTHER FORMS OF REPARATION
D)
(Measures of Satisfaction and Non Repetition Guarantees)
136. In this subparagraph the Court will determine those measures of satisfaction
aimed at redressing immaterial damage that does not have a pecuniary character, as
well as those other public or publicly visible measures.176
a)
Obligation to investigate the facts of the instant case and to identify,
prosecute and punish the perpetrators
137. The Court has found that more than thirteen years after the events the
impunity of those responsible for them continues to prevail. The Court has defined
impunity as the overall lack of investigation, arrest, prosecution and conviction of
those responsible for violations of the rights protected by the American
Convention.177 The State is obliged to combat such a situation by all available
means, as it fosters the chronic repetition of human rights violations and renders
victims and their next of kin completely defenseless.178
138. To that effect, the State must, within reasonable time, remove all obstacles,
de facto and de jure, that perpetuate impunity; provide adequate safety guarantees
to the victims, other witnesses, judicial officers, prosecutors, and other relevant law
enforcement officials; and use all means at its disposal to expedite the investigation
and judicial process,179 in order to identify, prosecute and punish the perpetrators of
the violent events and adopt any necessary emergency measures at the Prison; of
the excessive use of force and of the extrajudicial execution of several inmates.
176
Cf. Case of Baldeón-García, supra note 3, para. 193; Case of Sawhoyamaxa Indigenous
Community, supra note 120, para. 228, and Case of the Pueblo Bello Massacre, supra note 6, para. 264.
177
Cf.. Case of Baldeón-García, supra note 3, para. 195 ; Case of Blanco-Romero et al., supra note
3, para. 94, and Case of the “Mapiripán Massacre”, supra note 7, para. 237.
178
Cf. Case of Baldeón-García, supra note 3, para. 195; Case of the Pueblo Bello Massacre, supra
note 6, para. 266, and Case of Blanco-Romero et al., supra note 3, para. 94.
179
Cf. Case of the Pueblo Bello Massacre, supra note 6, para. 268; Case of the “Mapiripán
Massacre”, supra note 7, para. 299; Case of the Moiwana Community, supra note 4, para. 207.
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