3
February and March 1989 may receive adequate reparation, including full
satisfaction for the human rights violations established in this case, together
with a fair compensation for patrimonial and non-patrimonial damages,
including pain and suffering;
c)
to conduct an investigation in order to identify, prosecute and order
the disciplinary, administrative and criminal punishment of those responsible
for the unlawful burial of corpses in mass graves in the La Peste sector of the
Southern General Cemetery; to continue the process of exhuming corpses
halted since 1991; to identify the remaining 65 corpses, determine the cause
of death by autopsies and inform the respective next of kin so that they may
be buried;
d)
to hand over the remains of the victims to the next of kin immediately,
in those cases where, although aware of the deaths, the State has still not
done this;
e)
to inform the Venezuelan population of the official list of the 276
persons who died during the above-mentioned events, with their first and last
names, and also the circumstances of death. Furthermore, to conduct an
investigation in order to identify, prosecute and order the disciplinary,
administrative and criminal punishment of the State agents who were
involved in the death of those 276 persons. To pay the next of kin a fair
compensation for patrimonial and non-patrimonial damages, including pain
and suffering, when the participation of State agents has been proved;
f)
to immediately lift the restricted nature of the proceedings in the cases
that are pending, in both the ordinary and the military jurisdictions. The
courts should locate the victims’ next of kin – in coordination with nongovernmental human rights organizations – so that they may contribute
additional information to clarify the facts; and
g)
to pay the costs and reimburse the expenses incurred by the
representatives of the victims in litigating this case at the national and the
international level.
II
FACTS
2.
In Section III of its application, the Commission presented the facts that
originated this case, and said that:
a.
on February 16, 1989, the then President of Venezuela, Carlos Andrés
Pérez, announced a series of structural adjustment measures to refinance the
external debt through the International Monetary Fund that were
implemented on February 27 that year;
b.
on February 27, 1989, an undetermined number of persons from the
poorer sectors of the population began a series of disturbances in Garenas,
State of Miranda, owing to the increase in urban transport rates and the
failure of the Executive to grant a preferential rate to students. These
disturbances then extended “to other parts of the metropolitan area of