-10a)
regarding the obligation to investigate, it is concerned with the fact
that no effective action has been carried out in compliance with that
established in the Judgment. That informed by the State caught its attention
in the sense that “the actions and decisions of the Military Criminal Justice
could not be analyzed in relation with the juridical situation of the former
soldiers investigated,” since this is a matter established in the Judgment. The
Court considered it convenient to determine certain requirements that the
investigation must have, such as that it be carried out within a reasonable
period of time, that it be effective in the investigation and punishment of all
the perpetrators of the facts, that it be carried out through ordinary criminal
courts, that measures that prevent the criminal persecution or that suppress
the effects of the conviction not be applied, and that the results be
disseminated. There is not a single element in the information provided by the
State that leads to the conclusion that these requirements are being complied
with. “The State’s actions of starting the proceedings do not seem to
correspond with the intensity of the procedural activity one could expect after
a year of activities of seeking justice;”
b)
regarding the search for the mortal remains, it considers that the
measures referred to by the State do not correspond to the progress that
could be reasonably “expected after a year of activity;”
c)
regarding the establishment of the conditions for the return of the next
of kin of Mr. Flores Contreras, an efficient and effective investigation is the
ideal measure to eradicate the risk of an irreparable damage, but it is not the
only one. It regrets the absence in the state’s report of the studies that
specify the characteristics of risk to which this family would be subject, as
well as a technical proposal to face said risk;
d)
regarding the erection of a monument in memory of the victims, it
verified the absolute disagreement of the next of kin of the victims with the
manner chosen to commemorate their loved ones. It considers that it will be
difficult for them to consider the mentioned monument as a measure of
reparation;
e)
regarding the commemorative plaque, neither the State nor the
representatives referred to this obligation. It understands that it is
complementary to that of the erection of the monument, reason for which its
compliance would be pending until the controversy over the latter is solved;
f)
regarding the public act of acknowledgment of responsibility, it takes
note that the execution of this measure has not satisfied the majority of the
next of kin of the victims. “It deeply regrets that this is the case, because it
acknowledges important gestures and valuable practices in the act carried out
that would have deserved a better future.” It verified that the organization
was carried out with very little anticipation to its actual realization. It does not
consider it prudent that the bodies of the Inter-American System for the
Protection of Human Rights give the acts of constriction a specific design;
however, there is an obligation to verify if the execution of the measure of
reparation was made in such a way that, according to logic and experience, it
propitiate the full compliance of the obligations. “[T]he Commission considers
that the current status of this obligation is of compliance regarding two of the
victims, and pending with regard to the other seventeen;”