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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