11
hearing that there are no effective technical means to conduct genetic tests or of other kind,
in order to verify the identity of such bodies and future remains. It is essential to count on
an action plan, as well as adequate technology to that end; therefore, the Court urges the
State to use all available means to continue searching for the victims and to identify the
remains found. If the State alleges lack of effective resources, it would be appropriate for it
to order the corresponding measures so as to take the actions necessary to strengthen the
State’s capacity to search and identify the remains with the technical and professional help
required for the case, as well as to continue with the excavations as soon as possible, in
order to locate the victims' remains of this case. To that effect, the Tribunal recalls that in
several cases, it has urged States to seek the assistance of certain groups specialized in this
type of work, or it has valued the actions taken to this end, as expression of a will or part of
the compliance with the Judgment19.
*
*
*
Public act of acknowledgement of responsibility
31.
That regarding the State’s duty to organize a public act acknowledging responsibility
and in reparation for the violations committed in the instant case (operative paragraph
seven of the Judgment), the State informed that the “National Foreign Office prepared a
draft paper of recognition of responsibility and to make amends, which was […] approved by
the authorities of the Ministry of Interior”. In addition, it communicated that, according to
what was requested by the victims, a work subgroup shall be formed whose members shall
be in charge of organizing the act, which should be "of great significance, in light of the
importance of the issue and the need to […] preserve the memory of the disappeared
persons”. During the hearing, the State informed regarding two proposals about the place
where the act shall be organized: the first one, at the headquarters of the Specialized Unit
of the National Police- former Guardia de Seguridad of the Armed Forces-; the second one,
in the area of the Judiciary of Asunción; both proposals were repeated in the month of
September of that year. Moreover, it was mentioned that several state authorities would be
present, but that the Executive power was not included at the request of some next-of-kin,
given that the President of the Republic as well as several Ministers “have already presented
public apologies on behalf of the State on several occasions”. In addition, the State
mentioned that none of the proposals was accepted by the victims’ next-of-kin, since they
conditioned them on the payment of the compensations.
32.
That the representatives stated during the hearing that President Fernando Lugo
“took the opportunity to meet with the victims at certain places and offered apologies to
them”, which was not done within the framework of the reparation ordered by the Court for
this case. Moreover, they expressed that the State, pressured by the monitoring procedure
conducted by the Court, […] resum[ed] intense negotiations to carry out the act to make
amends and offer public apologies”. To this end, it received a proposal to carry out the act
at the Palacio de Justicia [Hall of Justice] or the Specialized unit, without specifying any
date, to which the victims’ next-of-kin do not object.
33.
That the Commission “noted with great pleasure that specific measures [were being]
adopted" to carry out the act with the participation of the “injured party”.
19
Cf. Case of the Serrano Cruz Sisters V. El Salvador. Merits, Reparations and Costs. Judgment of March 1,
2005. Series C No. 120, para. 181.