7
payment in favor of the Comité de Familiares de las Víctimas de los Sucesos de
Febrero - Marzo de 1989 (COFAVIC), thus partly complying with operative paragraph
ten of the judgment on reparations. Finally, they asked the Court to continue
monitoring compliance with said judgment on reparations and to take into account
the request by the representatives that the State hire the Equipo Argentino de
Antropología Forense (EAAF) to aid in the process of exhumation and identification of
the victims and in gathering forensic evidence.
14.
The October 15, 2004 brief by the Inter-American Commission, filed after an
extension had been granted, in which it submitted its comments on the information
supplied by the State (supra Having Seen 12). In this regard, the Commission
pointed out that the State: a) has not conducted a serious and effective investigation
that enables investigation and punishment of the direct perpetrators, masterminds,
and accessories after the fact; b) has not elucidated the facts that gave rise to the
forced disappearances, nor has it located the victims or returned the remains to their
next of kin; d) to date has not conducted an investigation to identify, prosecute, and
disciplinarily, administratively and criminally punish those responsible for the illegal
burial of the corpses in the mass graves of the sector of the Cementerio General del
Sur known as “la Peste”; e) has not continued the process of exhumation of the
bodies that came to a standstill in 1991, and f) has not adjusted the operational
plans to face public order disturbances, and has not trained its armed and police
forces regarding the principles of and rules for protection of human rights and
restrictions on the use of firearms. The Commission also pointed out that the State
published the sections of the judgments on the merits and on reparations ordered by
the Court in official gazette No. 37.868 of January 29, 2004, for which reason it
deemed that it had complied with operative paragraph five of the judgment on
reparations, despite the delay. Regarding payment of compensation for pecuniary
and non pecuniary damages, the Commission expressed its appreciation for the
efforts made by the State to comply with the orders of the Inter-American Court.
15.
The November 4, 2004 note by the Secretariat of the Court, in which, under
instructions by the President of the Court, it asked the Inter-American Commission
and the representatives for their comments on the documents supplied by the State
regarding payment of the compensations ordered in operative paragraphs six, seven,
eight, nine, and ten of the judgment on reparations.
16.
The November 11, 2004 letter by the representatives, in which they
expressed, after a “detailed examination of the report and the attachments
submitted by the State[,] [their] agreement with [its] content regarding compliance
with the obligation to publish excerpts of the judgment on the merits and on
reparations, included in paragraph 143.5 of the judgment on reparations, as well as
the obligation to compensate the beneficiaries, both next of kin and victims, as set
forth in paragraphs 143.6; 143.7; 143.8; 143.9 and 143.11 of said judgment, in
addition to payment of legal costs[,] pursuant to the provisions of paragraphs 143.10
and 143.11 of said ruling.” They also expressed their satisfaction with the modes of
compliance by the State with the aforementioned obligations, for which reason they
stated their positive appreciation of these signs of compliance. However, they
insisted that compliance must include the other obligations set forth in said
judgment, as to date there have been no substantive acts to comply with them.
17.
The November 12, 2004 note by the Inter-American Commission, in which it
submitted its observations on payment of the compensations ordered by the Court in
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