59
b)
Regarding the other measures of satisfaction, the Peace Agreements
are the principal guarantee of non-repetition of these facts, because they
have allowed Guatemalan society to end the armed conflict.
Considerations of the Court
175. The Court will examine other forms of reparation relating to the violation of
Articles 1(1), 5, 7, 8 and 25 of the American Convention and non-compliance with
the obligations established in Articles 1, 6 and 8 of the Inter-American Convention
against Torture.
Investigation and punishment of those responsible
176. The Court observes that, at the time of this judgment, more than eleven years
after the facts of the instant case occurred, those responsible for the abduction,
detention, torture, and cruel, inhuman or degrading treatment committed against
Maritza Urrutia have still not been identified, prosecuted and punished; therefore
there is a situation of impunity (supra para. 129), which constitutes a violation of the
State’s obligation that harms the victim, her next of kin, and the whole of society,
and encourages chronic repetition of the human rights violations in question.120
177. The State must conduct an effective investigation of the facts of this case,
identify those responsible for them, both the intellectual authors and the
perpetrators, as well as possible accessories, and punish them administratively and
criminally, as applicable.121 The respective domestic proceedings should relate to the
violations of the right to humane treatment and to personal liberty, referred to in this
judgment. The victim should have full access and capacity to act at all stages and in
all instances of the investigation and the corresponding trial, in accordance with
domestic law and the norms of the American Convention. The results of the trial
must be published.
*
*
*
178. In relation to the public apology requested by the representatives of the
victim and, considering the allegations made by the State, the Court reiterates that
this judgment constitutes, per se, a form of reparation and satisfaction for the victim.
In the same way, the Court also observes that, on August 9, 2000, the President of
the Republic of Guatemala made an “institutional acknowledgement” of the State’s
responsibility with regard to several cases being processed before the Inter-American
Commission, including the Maritza Urrutia case.
XVIII
COSTS AND EXPENSES
Arguments of the representatives of the victim
120
Cf. Bulacio case, supra note 14, para. 120; Juan Humberto Sánchez case, supra note 14, para.
185; and Las Palmeras case. Reparations, supra note 15, para. 53 a).
121
Cf. Bulacio case, supra note 14, para. 121; Las Palmeras case. Reparations, supra note 15, para.
66; and El Caracazo case. Reparations, supra note 105, para. 118.