9
consider this positive experience in order to implement it in other cases. In the last
comments, they noted that the M.O.S. is the "most suitable program" to oversee
compliance with the measures ordered by the Court, though they consider that it
should be continuously evaluated and its operative rules, re-examined. They
requested the Court to extend the enforcement of the M.O.S. under the terms
agreed upon by the parties and repeated the need for the Inter-American
Commission to actively participate in such program on behalf of the unidentified
victims' next-of-kin.
17.
That, in its comments and during the hearing, the Commission appreciated
what was informed by the State and the representatives and positively valued all the
actions taken by the State to comply with the measures. It particularly valued the
extension of the deadline for the operation of M.O.S., agreed upon with the
representatives, upon considering the importance of a debate space to discuss the
details of compliance, which may lead to a change of the conditions.
18.
That the Court positively values the establishment and beginning of the
monitoring mechanism, its regular meetings and the appropriate participation of the
victims' representatives and their next-of-kin. Moreover, the Tribunal notes with
satisfaction that the operation of this mechanism will continue, apart from what was
stipulated in the Judgment and by mutual agreement with the parties, until
December 2009 in order to continue monitoring the measures of reparations ordered
by the Court that are still pending compliance. In such a way, the State has complied
with what was ordered in the Judgment. Nevertheless, in view of the agreement
entered into between the State and the representatives to extend the operation of
the mechanism, the Tribunal shall continue monitoring its operation until the State
complied with its duty, according to the terms mentioned in the Judgment. In this
sense, the State and the representatives must inform, in the future, on this aspect;
particularly, on the scope and content of the procedure and the decisions adopted
within the framework of such mechanism.
*
*
*
Obligation to investigate into the facts and, if applicable, punish the
responsible (operative paragraph seven of the Judgment)
19.
That in relation to the obligation to immediately take such steps as may be
necessary to activate and effectively complete, within a reasonable term, the
investigation to establish the liability of the masterminds and direct perpetrators of
the massacre, as well as those whose collaboration and acquiescence allowed the
massacre to be committed, the Court notes that the State, the representatives and
the Commission have submitted exhaustive information and have discussed relevant
issues or aspect; therefore, it deems pertinent to specifically assess the aspects
addressed to determine the level of compliance with this obligation, in the following
order: a) the investigations conducted by the Attorney General’s Office and the
results; b) the appointment of an exclusive public prosecutor, and c) the extradition
of an alleged responsible.
*
*
*
20.
That, before entering into the analysis of the foregoing, the Court needs to
decide on the State’s request as to the publication of the information presented in
relation to the investigations. The State has requested the Tribunal not to mention,
in any public document, the information furnished by the parties on the investigation
conducted in relation to these facts and the search for the remains of the victims, in