75
Arguments of the representatives
123.
The representatives requested the Court to order the State:
a)
To conduct an effective investigation into the facts so as to identify
those responsible, both the perpetrators and the masterminds, and also
possible accessories and those responsible for obstructing justice, in order to
punish them administratively or criminally, as applicable. This should be done
immediately to avoid legal prescriptions;
b)
To appoint another prosecutor to take charge of the investigation,
since the thirteenth prosecutor left the investigation paralyzed;
c)
To clarify certain areas of domestic legislation so as to enable the
State to better comply with its international obligations, because the doctrine
used in this case to disqualify many of the testimonies was absurd;
d)
To guarantee to the victims’ next of kin full access and capacity to act
at all stages and in all instances of the investigations;
e)
To publicize the results of the investigations so that, not only the next
of kin, but all of Guatemalan society, know the truth;
f)
To acknowledge, in a public act, the human rights violations
committed in this case, to pay tribute to the memory of Jorge Carpio Nicolle
and the members of his delegation, and to apologize to their next of kin for
their execution and also for the intentional obstruction of justice;
g)
To publish the judgment three times in the official gazette and in three
newspapers with the highest circulation, with one month between each
publication. Also, the proven facts and the operative paragraphs of the
judgment should be published in the bulletin with the highest circulation
within the Guatemalan armed forces;
h)
To establish an effective mechanism to maintain the chain of custody
of the evidence gathered in all cases under investigation in Guatemala;
i)
To designate a street, park or school with the name of “Jorge Carpio
Nicolle,” in the city where his widow lives;
j)
To establish two study grants with the name of “Jorge Carpio Nicolle”
in the Universidad de San Carlos de Guatemala: one for journalism and the
other for political science.
k)
To name “Juan Vicente Villacorta Fajardo” the street on which he lived;
l)
To systematize and publish Mr. Carpio Nicolle’s contributions to politics
and journalism in Guatemala;
m)
To begin taking the necessary steps to disband clandestine and illegal
security groups in Guatemala;
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