84 222. It has also been confirmed that, despite the numerous proceedings initiated in order to discover the whereabouts of Bámaca Velásquez, these were ineffective (supra 121 m). The proven denial of judicial protection also determined that the State did not prevent or effectively investigate the torture to which the victim was being submitted. Consequently, the State failed to fulfill the commitments it had made under the Inter-American Convention against Torture. 223. Therefore, the Court concludes that the State failed to comply with its obligations to prevent and punish torture in the terms of Articles 1, 2, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture, to the detriment of Efraín Bámaca Velásquez. XIX ARTICLE 63(1) 224. In the application brief, the Commission requested the Court that the State should remedy all the consequences of the violations of the rights it had committed, both by a material compensation and also by “immaterial forms of reparation, such as the public admission of the damage it had caused and the revelation of everything that can be known about the fate of the victim and the whereabouts of his remains”. It also asked the Court to order the State to adopt reforms in the military training regulations and programs (supra 2). Lastly, it requested the State to assume the costs of the proceedings before the inter-American system for the protection of human rights. 225. The Court considers that Guatemalan legislation was not sufficient or adequate to protect the right to life, in accordance with the provisions of Article 4 of the American Convention (supra 173), in any circumstance, including during internal conflicts. Therefore, the Court reserves the right to examine this point at the appropriate time during the reparations stage. 226. Article 63(1) of the American Convention establishes that [i]f the Court finds that there has been a violation of a right or freedom protected by this Convention, the Court shall rule that the injured party be ensured the enjoyment of his right or freedom that was violated. It shall also rule, if appropriate, that the consequences of the measure or situation that constituted the breach of such right or freedom be remedied and that fair compensation be paid to the injured party. 227. As a consequence of the violations confirmed in this Judgment, the Court considers that Guatemala should order a real and effective investigation to identify and eventually punish the persons responsible for them. 228. In view of the nature of the instant case, although the Court is unable to order that the injured parties should be guaranteed the enjoyment of the rights and liberties violated, by means of the restitutio in integrum, it must, instead, order the reparation of the consequences of the violation of the rights mentioned and, consequently, the establishment of fair compensation. The amounts and form of this will be determined during the reparations stage. 229. Since the Court will need sufficient probative elements and information to determine the said reparations, it must order the opening of the corresponding

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