5
14.
That the Court expresses its concern about the failure of the State to submit
sufficient information to determine its compliance with the obligation to identify, prosecute,
and punish, if appropriate, those responsible for the violations committed in the instant
case. In this regard, the Court deems it essential that the State submit updated, detailed,
and complete information on the steps taken and on the progress of the above-mentioned
proceedings, particularly whether actions have been taken in order to identify other possible
perpetrators of the violation of the right to life and physical integrity to the prejudice of the
child Gerardo Vargas-Areco.
15.
That as set forth by the Judgment, it is necessary to recall that this is a case of
torture and extra-judicial execution, among other violations, and that, therefore, the State
must start forthwith an ex officio rigorous, impartial, and effective investigation into the
facts. Such duty is to be accomplished in a particular manner where the victim of the extrajudicial killing involves a child, given its inherent vulnerability, particularly if the minor is
under the custody or protection of the State.5 In fact, the State must investigate the
violation of the right to life and physical integrity and punish all those responsible for it,
particularly if State agents are involved. Otherwise, the resulting impunity would foster the
repetition of similar events.6
16.
That it is also relevant to recall that, under the terms of the Judgment, for this
obligation to be fully complied with, the State must adopt all such judicial and
administrative measures as may be necessary in order to reopen the investigation into the
facts described in the instant case. The subject matter of said investigation must be the
facts related to the alleged torture of the minor Vargas-Areco. Furthermore, Gerardo
Vargas-Areco’s next of kin or their representatives must have full access to the pertinent
proceedings and be entitled to act at all stages and instances thereof, pursuant to the
domestic legislation and the Inter-American Convention, releasing the child’s relatives from
the burden to expedite proceedings. Likewise, the State must guarantee the effective
compliance with the decision adopted in the domestic jurisdiction in order to fulfill this
obligation.7
*
*
*
17.
That regarding the obligation of the State to hold an act to acknowledge its
international responsibility for the violations declared in the Judgment in the community
where Gerardo Vargas-Areco’s next of kin reside, and in the presence of State’s civilian and
military authorities make a public apology and place a plaque in the memory of the child
Vargas-Areco (tenth operative paragraph of the Judgment), the State pointed out that “the
[r]epresentative of the National Defense Ministry is taking the pertinent steps for the
organization of such act of apology and public acknowledgment of international
responsibility in relation to the violations declared in [the J]udgment.”
5
Cf. Case of Vargas-Areco v. Paraguay. Merits, Reparations and Costs. Judgment of September 26, 2006.
Series C No. 155, para. 77.
6
Cf. Case of Vargas-Areco, supra note 5, para. 106.
7
Cf. Case of Vargas-Areco, supra note 5, para. 155.