44
Precedents related to international standards of effectiveness as regards
access to justice. Finally, the State pledges to strengthen and improve the
mechanisms to prevent similar acts from being commited in the future.
Considerations of the Court
93.
In this subparagraph the Court will determine those measures of satisfaction
aimed at redressing non pecuniary damage that does not have a pecuniary
character, as well as those other public or publicly visible measures.39
a)
Obligation of the State to investigate the facts of the instant case and to
identify, try and punish the perpetrators
94.
The Court found that, as of date, nobody has been punished for the events of
the case, particularly for Mr. Mr. Wilson Gutiérrez-Soler’s illegal and false arrest and
for the tortures inflicted on him (supra para. 48(10)).
95.
Thus, more than 11 years after the events, the impunity of those responsible
for them continues to prevail. The Court has defined impunity as the overall lack of
investigation, arrest, prosecution and conviction of those responsible for violations
of the rights protected by the American Convention.40 The State is obliged to
combat such a situation by all available means, as it fosters the chronic repetition of
human rights violations and renders victims and their next of kin completely
defenseless.41
96.
By reason of the foregoing, the State shall effectively investigate the facts of
the instant case in order to identify, try and punish the perpetrators of Mr. Wilson
Gutiérrez-Soler’s arrest and torture. The findings in such proceedings shall be
publicly disseminated by the State in such manner as to enable the Colombian
society to know the truth regarding the facts of the instant case.
97.
It is likewise needed for competent ordinary criminal courts to investigate
and punish the law enforcement staff members that take part in violations of human
rights cases.42 On the other hand, the State shall refrain from resorting to amnesty,
pardon, statute of limitations and from enacting provisions to exclude liability, as
well as measures, aimed at preventing criminal prosecution or at voiding the effects
of a conviction.43
39
Cf. Case of Acosta Calderón, supra note 3, para. 163; Case of Indigenous Community Yakye
Axa, supra note 7, para. 210; and Case of Moiwana Community, supra note 9, para. 201.
40
Cf. Case of the Serrano Cruz Sisters, supra note 9, para. 170; Case of the Gómez Paquiyauri
Brothers, supra note 59, para. 148; and Case of 19 Merchants, supra note 75, para. 175.
41
Cf. Case of Moiwana Community, supra note 9, para. 203; Case of Carpio Nicolle et al. Judgment
of 22 November 2004. Series C No. 117, para. 126; and Case of Tibi, supra note 27, para. 255.
42
Cf. Case of 19 Merchants. Judgment of 5 July 2004. Series C No. 109, para. 263; Case of Las
Palmeras. Judgment of 6 December 2001. Series C No. 90, para. 51; and Case of Cantoral Benavides.
Judgment of 18 August 2000. Series C No. 69, para. 113.
43
Cf. Case of Moiwana Community, supra note 9, para. 206; Case of Huilca Tecse. Judgment of 3
March 2005. Series C No. 121, para. 108; and Case of the Serrano Cruz Sisters, supra note 7, para. 172.
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