aware that visits are being made to the next of kin and friends of Mr. Chitay, for the
carrying out of the appropriate investigations by the prosecutors of the Public Prosecutor’s
office.”
9.
The Commission highlighted “the fundamental importance of adopting the measures
necessary to advance the investigation of this particular case in order to clarify the facts” in
relation to the disappearance of Mr. Chitay, determine responsibility, and apply the
corresponding punishments. In consideration of that expressed by the parties, the
Commission “awaits updated and detailed information on the steps taken by the State to
ensure the progress of the criminal proceedings and of the search for the victim’s remains.”
10.
In accordance with the above, the Court makes note of the information provided on
the steps taken by the State to investigate the facts of the present case. The Court deems it
essential for the State to continue providing updated information on the steps or measures
taken to determine the criminal liabilities, and to effectively apply the punishments and
legal consequences provided for by the law, in relation to the violations committed against
Mr. Chitay in the present case (supra Having Seen 1).
B) Continue the effective search to find Florencio Chitay Nech (operative
paragraph thirteen)
11.
The State reported that “the FAFG is analyzing the DNA samples provided by the
next of kin of Mr. Chitay, in order to later compare them with samples found in the
foundation’s existing records.”
12.
The representatives did not provide updated observations regarding this operative
paragraph; they only stated that before the issuing of the Judgment, the next of kin of Mr.
Chitay went to the FAFG to give DNA samples, and that on two occasions the personnel of
that institution have commented on the progress of the search for victims of the internal
conflict..
13.
The Commission recalls that the obligation to perform investigations on the facts that
led to the violations is related to the State’s duty to prevent and combat impunity.
Futhermore, the Commission deems it necessary for the State to provide updated and
detailed information regarding the search for the victim’s remains.
14.
Considering the above, the Court deems it necessary for the State to continue
reporting, in conformity with that established in the Judgment, on the measures
implemented to find Mr. Chitay, in order to comply with operative paragraph thirteen of the
Judgment.
C) To publish, once, in the Official Gazette the pertinent parts of the Judgment.
Furthermore, to disseminate the official summary of the Judgment in
another newspaper of national circulation and a radio broadcast, performed
in Spanish and in Mayan Kaqchikel. In addition, to publish the entire
Judgment in the State’s official web site (operative paragraph fourteen of
the Judgment)
15.
The State indicated that “[o]n August 29, 2010, the Judgment was published in full
on the State’s official [w]eb site.” It added that on November 24, 2010, it published the
pertinent parts of the Judgment, as ordered by the Court, in “El Periódico” journal and
noted that “[t]his was also published in the Official Gazette on December 23, 2010.” In
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