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institutions in charge of protection of “boys and girls,” as well as the
intelligence files of the Armed Forces. If cases of adoption without the
knowledge or against the will of the natural parents are found, the
adopted individuals or their next of kin must be able to request review
of said adoption.
Pleadings of the State
76.
The State, in turn, pointed out that:
a)
it will continue its obligation to identify those responsible for the facts
stated in the petition;
b)
the representatives of the insurgent groups at the time should be
invited to jointly acknowledge the acts together with the State and to
apologize to the victims and next of kin, including the family involved in the
instant case;
c)
with respect to the commemorative hall, it suggests that a State
building be designated as the “Hall to safeguard historical remembrance of
the domestic armed conflict,” and that in said hall there should be information
on the victims of the armed conflict, with a special area for the minors who
suffered violence or death during the 36 years of said domestic conflict in the
country. This hall should be inaugurated with participation by representatives
of the State, of insurgent organizations, and of civil society;
d)
the attitude of the delegation of the State during the public hearing
should be taken into account, as the victim’s next of kin were able to freely
give their testimony at said public hearing, and this constitutes a form of
moral redress;
e)
it apologized to the victim and to his next of kin, as a first
demonstration of respect, reparation, and a guarantee of non-recidivism; and
f)
the Court should take into account, in its due dimension, the act of
justice and dignity expressed by the State on the basis of its international
acknowledgment in the framework of the adjudicatory proceeding in the
instant case.
Considerations of the Court
77.
In this section, the Court will decide on the measures of satisfaction that seek
to redress the non-pecuniary damage, which are not pecuniary, and it will also order
measures that are public in their scope or repercussions.
a)
Obligation to investigate the facts that generated the violations and to
identify, try, and punish those responsible
78.
The Court has found, inter alia, that the State violated Articles 8 and 25 of the
Convention in combination with Article 1(1) of that same Convention, to the
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