104
257. The victim of the human rights violation and their next of kin, when
applicable, have the right to know the truth.180 Therefore, the victims in this case
have the right to know who was responsible for the unlawful and arbitrary detention,
torture and violation of due process and of the right to fair trial, to the detriment of
Daniel Tibi. This right to the truth has been developed by International Human
Rights Law181 and its recognition may be an important means of reparation.
258. In light of the above, to redress, in this regard, the violations, the State must
effectively investigate the facts of the instant case with the aim of identifying, trying,
and punishing those responsible. Domestic proceedings must address the violations
of the rights to Humane Treatment, to Personal Liberty, the Right to Judicial
Protection and the right to Fair Trial, to which this Judgment refers. The victim must
have full access and be able to act in all stages and levels of the investigation and of
the respective trial, in accordance with domestic legislation and the provisions of the
American Convention. Results of this process must be made know to the public, for
Ecuadorian and French society to know the truth.
259. The State must ensure that the domestic proceeding to investigate, try, and
punish those responsible for the facts attains the appropriate effect. It must also
refrain from resorting to mechanisms such as amnesty, extinguishment, and
establishment of exemptions of liability, as well as from measures that seek to
impede criminal prosecution or to suppress the effects of the conviction, as the Court
has noted in other cases.182
b)
Publication of the pertinent parts of the Judgment of the Court
260. Likewise, as the Court has ruled previously,183 it deems that the State must
publish, as a measure of satisfaction, within six months time from when it receives
notice of the instant Judgment, at least once, in the official gazette Diario Oficial and
in another daily with national coverage in Ecuador, both the Section on Proven Facts
and operative paragraphs One to Thirteen of the instant Judgment, without the
respective footnotes. The State must also publish the above, translated into French,
in a widely read newspaper in France, specifically in the area where Mr. Tibi resides.
c)
Written statement of acknowledgment of international responsibility and
apology to the victims
261. As a consequence of the violations found in this Judgment, the Court deems
that the State must publish a formal written statement issued by the high authorities
of the State, acknowledging its international responsibility for the facts addressed in
the instant ruling, and apologizing to Mr. Tibi and to the other victims of the instant
180
See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 230; Case of the 19 Tradesmen,
supra note 9, para. 261; and Case of Molina Theissen. Reparations, supra note 9, para. 81.
181
See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 230; Case of the 19 Tradesmen,
supra note 9, para. 261; and Case of Molina Theissen. Reparations, supra note 9, para. 81.
182
See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 232; Case of the 19 Tradesmen,
supra note 9, para. 262; and Case of Molina Theissen. Reparations, supra note 9, para. 83.
183
See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 235; Case of Molina Theissen.
Reparations, supra note 9, para. 86; and Case of Myrna Mack Chang, supra note 175, para. 280.
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