representatives must be presented to the Court to be considered within the
procedure of monitoring compliance with this Judgment.
269. Furthermore, in light of the gravity of the facts of the instant case, the Court finds it
necessary, as it has in another case relating to Guatemala,344 that the State implement,
through the institutions that it considers suitable for this purpose, within one year, a
genetic information bank to safeguard the information, on the one hand, of the osseous
remains that are found and exhumed and, on the other, of the next of kin of the persons
who were presumably executed or disappeared during the acts perpetrated in the context
of the massacres of the community of Río Negro. The purpose of this measure is that the
samples and information collected can be compared in order to identify who the remains
belong to. In this regard, the Court finds it necessary to stipulate that, to this end, the
prior and informed consent of the members of the community of Río Negro who wish to
provide samples of genetic material for this purpose is required. The State must assign the
human, financial, logistic and other resources required to ensure that the design,
implementation and functioning of the genetic information bank are carried out adequately
and comply with the purpose for which they are ordered by this Court.
270. The mortal remains of the victims in this case must be returned to their next of kin,
following reliable authentication of their identity and relationship, if possible, through DNA
testing, as soon as possible, and without any cost to the next of kin. In addition, the State
must cover the funeral costs, in agreement with the next of kin of the deceased person,345
respecting their beliefs.346
271. The State must conclude all the exhumations within four years from notification of
this Judgment. If the remains of any victim in this case are not claimed by their next of kin
within two years, calculated from the date on which the representatives, or the next of kin
directly, are informed of their location, individualization and identification, the State must
bury those remains individually in a place agreed with the representatives and put on
record that they are unclaimed remains of those who died as a result of the facts of the
instant case. The State must keep a record with details of the date and place where the
remains were found, how they were identified, the possible cause of death, and the
location of the subsequent burial.
C.
Integral measures of
guarantees of non-repetition
reparation:
satisfaction,
rehabilitation,
and
272. The denial of justice to victims of grave and massive human rights violations, such
as those that occurred during the massacres, gives rise to numerous adverse effects not
only in the individual sphere of the victims, but also in their collective sphere.347 Thus, it is
evident that the victims of prolonged impunity will suffer different effects not only of a
pecuniary nature owing to the search for justice, but also other sufferings and harm of a
344
Cf. Case of Molina Theissen v. Guatemala. Reparations and costs. Judgment of July 3, 2004. Series C No.
108, eighth operative paragraph.
345
Cf. Case of Anzualdo Castro v. Peru, supra, para. 185, and Case of González Medina and family members
v. Dominican Republic, supra, para. 291.
346
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and costs. Judgment of February 22, 2002.
Series C No. 91, paras. 79 to 82, and Case of González Medina and family members v. Dominican Republic, supra,
para. 289.
347
Cf. Case of the Ituango Massacres v. Colombia, supra, para. 396, and Case of the Dos Erres Massacre v.
Guatemala, supra, para. 226.
93
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