4
8.
The Commission noted that the State "has not provided relevant information to
evidence progress towards complying with this point." Regarding the alleged inability
of the State to investigate the involvement of persons other than those already
prosecuted, it stated that, "it does not understand how investigating the liability of
persons other than those already prosecuted can affect the constitutional rights of
these people." With regard the alleged impossibility of starting a new case file on
torture charges, it noted that "the Court has already ordered the reopening of the
investigation [...] because [...] investigations into the causes of death did not comply
with the minimum standards of diligence to determine whether an act of torture had
been committed or not." Therefore, it requested the Court to clearly state that,
"arguments such as those raised by the State [are] not enforceable."
9.
In light of the statements made by the parties to the Court, it is necessary to
have up-to-date information and a detailed response from the State on the
observations made by the representatives and the Commission concerning compliance
with this aspect of the Judgment.
*
*
*
10.
Regarding the State's obligation to make a public apology and acknowledge
international responsibility -in relation to the violations set forth in the Judgment- in
the community where the family of Gerardo Vargas Areco lives and in the presence of
said family and civil and military State authorities, as part of which a plaque was
installed in memory of the child Vargas Areco (paragraph ten of the Judgment), the
State reported that on December 15, 2008, a public apology and recognition of
international responsibility was made in the City of Bella Vista Norte, in the presence
of civil and military authorities, as well as parents, relatives and legal representatives
of the family, and was presided over by the Minister of National Defense.
11.
The representatives confirmed that the public ceremony to apologize and
acknowledge international liability was adjusted to the terms stipulated by the
Judgment. Furthermore, they recognized "the willingness expressed by the State to
facilitate the transfer and the presence of representatives of the victims in the
community where the Vargas Areco family lives." Therefore, it considered that this
reparation measure had been complied with.
12.
The Commission noted "with satisfaction the information submitted by the
State."
13.
The President noted that the parties agree as to the fulfillment of operative
paragraph ten of the Judgment. Therefore, this matter will be referred to the Court so
that, when appropriate, its compliance shall be considered.
*
*
*
14.
Regarding the State's obligation to provide medical, psychological and
psychiatric, as appropriate, to De Belén Areco, Pedro Vargas, and Juan, María Elisa,
Patricio, Daniel, Doralicia, Mario, María Magdalena, Sebastián y Jorge Ramón, all of
which have the surname Vargas Areco, if required and for as long as necessary
(operative paragraph eleven of the Judgment), the State reported on the signing of a