4 4. That, considering Article 67 of the American Convention, which stipulates that the judgment of the Court shall be final and shall not be subject to appeal, such judgment shall be fully and promptly complied with by the State. 5. That the obligation to comply with the rulings of the Court corresponds to a basic principle of law on the international responsibility of the State, supported by international jurisprudence, according to which the States must comply with their international conventional obligations in good faith (pacta sunt servanda) and, as previously held by the Court and pursuant to Article 27 of the Vienna Convention on the Law of Treaties of 1969, States cannot, for domestic order reasons, avoid the international responsibility which has already been established.2 The conventional obligations of the States Parties bind all powers and organs of the State. 6. That the States Parties to the Convention must ensure compliance with its provisions and their inherent effects (effet utile) within their respective domestic legal systems. This principle applies not only in connection with the substantive provisions of human rights treaties (i.e. those dealing with provisions on protected rights) but also in connection with procedural rules, such as the ones concerning compliance with the decisions of the Court. Such obligations are intended to be interpreted and enforced in a manner such that the protected guarantee is truly practical and effective, taking into account the special nature of human rights treaties.3 * * * 7. That with regards to operative paragraph one of the Judgment (supra Having Seen 1) on the investigation of the facts, identification, prosecution, and possible punishment of those responsible for the “Plan de Sánchez” Massacre (hereinafter “the Massacre”), the State expressed in its report of August 28, 2008 that it had a rapprochement with the representative of the Center for Legal Action in Human Rights (hereinafter “CALDH”) in order to establish a mechanism that will allow for prompt execution of this paragraph of the Judgment. In the report of November 25, 2008 the State manifested, in sum, that: a) the District Attorney’s Office of Salamá, Baja Verapaz, has obtained the birth and death certificates of 20 individuals whose remains where exhumed in the Plan de Sánchez community, and on January 26, 2006 the same District Attorney’s office took statements from the witnesses; b) the Special Human Rights Violations Cases Unit of the Attorney General’s Office requested information from the First Instance Criminal, Drug Trafficking and Environmental Crimes Court and from the District Attorney’s Office, both from Baja Verapaz, Salamá, with regards to locating the report of the exhumations performed in 1994 in the Plan de Sánchez village by the team of Forensic Anthropologists of Guatemala, which appears to be missing. The State indicated that the aforementioned report was delivered by the Anthropology Team to the Attorney General’s Office on April 6, 1995; c) the Special Human Rights Violations Cases Unit requested the Office of Criminal Investigation to name the patrol members and military offices who allegedly participated in the massacre so as to 2 Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the Convention (Arts. 1 and 2 American Convention on Human Rights). Advisory Opinion OC-14/94 of December 9, 1994. Series A No. 14, para. 35; Case of Cantoral Huamaní and García Santa Cruz v. Peru. Monitoring Compliance with Judgment, supra note 1, Considering clause five; and Case of Chaparro Álvarez and Lapo Íñiguez Vs. Ecuador. Monitoring Compliance with Judgment, supra note 1, Considering clause five. 3 Cf. Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No. 54, para. 37; Case of Cantoral Huamaní and García Santa Cruz v. Peru. Monitoring Compliance with Judgment, supra note 1, considering clause six; and Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Monitoring Compliance with Judgment, supra note 1, considering clause six.

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