4
they “could formulate their observations and adopt any measures they deem
pertinent.”
5.
The brief of the Inter-American Commission of February 20, 2002, presenting
its comments on the status of compliance with the judgment on reparations in this
case. First, the Commission stated that, with regard to the first to fourth operative
paragraphs, relating to the payment of compensation for pecuniary and nonpecuniary damage, only the payments in favor of Gerardo Villagrán Contreras and
Osman Agreda Contreras remained pending. Second, it stated that there was no
information available about the measures taken by the State to comply with the
obligation to adopt in its domestic law, the legislative, administrative and any other
measures necessary to adapt Guatemala legislation to Article 19 of the Convention.
Third, the Commission expressed “its disappointment with the measure adopted by
the State of elaborating a commemorative gravestone in memory of Henry
Giovanni”, because it was “evident that this measure did not correspond to the terms
of the judgment, did not satisfy the claims of the representatives of the victim’s next
of kin or of the Commission and did not provide justice.” Fourth, the Commission
considered that the State’s acceptance of the place suggested by the representatives
of the victims’ next of kin to establish the school in commemoration of the victims
“displays a positive attitude on the part of the [...] State, taking into account the
opinions of those directly affected.”
Lastly, with regard to the obligation to
investigate the facts of the case, and to identify and punish those responsible, the
Commission expressed its concern because the available information did not reveal
any progress.
6.
The note of the Secretariat of October 9, 2002, requesting the parties to
present a report on the status of compliance with the judgment on reparations
before November 8, 2002. Owing to an extension requested by the representatives,
the time limit was extended until November 15, 2002, for all the parties.
7.
The brief of the representatives of the victims’ next of kin of November 15,
2002, advising that, in July 2002, the payment owing to Osman Ravid Agreda
Contreras had been made and that only the payment in favor of Gerardo Adoriman
Villagrán Morales was pending as he had still not been found; however, the State
had made a deposit in his favor in the Bank of Guatemala; that, in a symbolic act,
the State had designated an educational center with the name “Escuela Grupo
Centroamericano Niños de la Esperanza” in allusion to the instant case, and had
unveiled the corresponding plaque; thereby complying with the seventh operative
paragraph; that the State had not complied with the provisions of the judgment with
regard to the transfer of the mortal remains of Henry Giovanni Contreras, because it
had limited itself to performing a symbolic act of burying his remains.
The
adaptation of legislation to Article 19 of the Convention and the investigation and
punishment of those responsible for the facts were still pending.
8.
The brief of the Inter-American Commission of November 20, 2002,
recognizing and acknowledging the State’s efforts to comply with the payments of
compensation and indicating that only the payment in favor of Gerardo Adoriman
Villagrán Morales was pending. It stated that the entry into force of the new
Children and Adolescents Code was still pending. It repeated its disagreement with
the measure adopted by the State with regard to the remains of Henry Giovanni
Contreras. It also indicated that Guatemala had complied with important elements
of the judgment, but that others remained pending. It requested the Court to call