79
134. In order to comply with the obligation to investigate and punish in the instant
case, the State must remove all the obstacles and mechanisms de facto and de jure
that maintain impunity, grant sufficient guarantees of security to witnesses, judicial
authorities, prosecutors, other judicial agents, and the next of kin of the victims, and
use all possible measures to advance the proceeding.
135. Also, in light of this case, the State must adopt concrete measures designed
to strengthen its investigatory capacity. In this regard, it should provide the entities
responsible for preventing and investigating extrajudicial executions with sufficient
human, financial, logistic and scientific resources to process all evidence of a
scientific or other type adequately, in order to clarify criminal acts. This should take
into account the relevant international norms, such as those established in the
United Nations Manual on the Effective Prevention and Investigation of Extra-Legal,
Arbitrary and Summary Executions.139
b)
Public act acknowledging international responsibility and making reparation
136. In order for Guatemala’s acknowledgement of responsibility and the decisions
of this Court to have the full effect of reparation for Mr. Carpio Nicolle and the
members of his delegation who were executed, and also to serve as a guarantee of
non-repetition, the Court considers that the State should organize a public act
acknowledging its responsibility in relation to the attack of July 3, 1993, and the
subsequent obstruction of justice in this case, and also honoring the memory of
Messrs. Carpio Nicolle, Villacorta Fajardo, Ávila Guzmán and Rivas González, in the
presence of the State’s highest authorities.
137. Furthermore, considering the special characteristics of the case, during this
act, the State should publicly render homage to the dedication and courage of two
individuals involved in the facts of the case: Police Commissioner César Augusto
Medina Mateo, who was murdered (supra para. 76(64)), and Abraham Méndez
García, one of the prosecutors, who had to go into exile as a result of his
investigations (supra para. 76(63)).
c)
Publication of the pertinent parts of this judgment
138. As it has on other occasions,140 the Court considers that, as a measures of
satisfaction, the State must publish, within six months from notification of this
judgment, at least once in the official gazette, in another newspaper with national
circulation, and in the bulletin with the highest circulation within the Guatemalan
armed forces, the section of this judgment entitled Proven Facts (without the
corresponding footnotes), paragraphs 77 and 78 of this section entitled Merits, and
also the operative paragraphs of this judgment.
X
COSTS AND EXPENSES
Arguments of the Commission
139
Istanbul Protocol, United Nations Publication, Sales No. E.01.XIV.1.
140
Cf. Case of Tibi, supra note 11, para. 260; Case of the “Juvenile Reeducation Institute”, supra
note 11, para. 315; and Case of Ricardo Canese, supra note 11, para. 209.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents