binding for all their organs, including the judiciary, whose members must ensure that the
effects of the provisions of these treaties are not impaired by the application of norms or
interpretations contrary to their object and purpose. The judges and organs related to the
administration of justice at all levels are obliged to monitor ex officio that domestic law is
in accordance with the human rights treaties to which the State is a Party, evidently within
the framework of their respective competences and the corresponding procedural
regulations. In this task, the judges and organs related to the administration of justice,
such as the Public Prosecution Service, must take into account not only the American
Convention and other inter-American instruments, but also the interpretation of them
made by the Inter-American Court.340
B.2. Search for, identification, determination of cause of death, and return of
the remains of those found and identified to the next of kin
263. The Commission asked the Court to order the State to establish “a mechanism” that
would permit the complete determination of the victims executed and disappeared during
the Río Negro massacres, as well as “to continue the identification process and return of
the victims’ mortal remains” to their next of kin. For their part, the representatives asked
that the determination of the whereabouts of the victims and their identification be carried
out using DNA tests and that the return of the mortal remains to the deceased’s next of kin
should not entail any cost whatsoever for the latter.
264. The State undertook “to continue with the process of searching for the remains of
the victims who have not yet been found” and, to that end, to coordinate “with the
jurisdictional bodies in charge of the criminal investigation and [with] the National Institute
of Forensic Science […].”
265. As has been established in this Judgment, the exhumation and identification of the
deceased victims is part of the obligation to investigate. However, additionally, it has been
indicated that this obligation must be fulfilled by the State ex officio (supra para. 217). In
this regard, irrespective of the investigations and judicial proceedings that have been
opened or that the State may carry out in the future, the obligation persists for the State
to conduct ex officio an effective search for the whereabouts of the victims of this case who
were forcibly disappeared or presumably executed, because the right of their next of kin to
know their whereabouts constitutes a measure of reparation and, therefore, an expectation
that the State itself must fulfill.341 The discovery and identification of the victims reveals an
historical truth that contributes to closing the mourning process of the Maya Achí
community of Río Negro; contributes to the reconstruction of their cultural integrity;
enhances the dignity of those who disappeared or who were presumably executed and that
of their family members, who have struggled for decades to find their loved ones, and
establishes a precedent to ensure that grave, massive and systematic violations such as
those that occurred in this case never happen again.
266. Moreover, the Court emphasizes that the remains of the deceased are evidence of
what happened to them and offer details of the treatment received, the way in which they
died, and the modus operandi of the perpetrators of their death. In addition, the place
where the remains were found can provide valuable information to the authorities in
340
Cf. Case of Almonacid Arellano et al. v. Chile, supra, para. 124, and Case of Atala Riffo and daughters v.
Chile, supra, paras. 281 to 282.
341
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 181, and Case of González Medina and
family members v. Dominican Republic, supra, para. 209.
91
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