6
Blake (Operative paragraph one of the Judgment of the reparations of January 22,
1999). Nevertheless, the Court decided to keep open the procedure to monitoring
compliance in order for the State to inform about the measures adopted to comply
with the obligation to investigate, prosecute and, if applicable, punish the responsible
of the human rights' violations declared by the Tribunal in the instant case. Specially,
the Court requested the State to inform about the measures adopted to investigate
and, where applicable, prosecute and punish those people identified as the alleged
responsible in the instant case.
8.
That, the private hearing was held without the participation of the victim's
next of kin and their representatives, who were excused from attending the hearing
due to personal reasons. Notwithstanding, before the hearing was conducted, they
submitted a brief regarding their opinion on the status of compliance with the
Judgments delivered in the case at hand (supra Having Seen 9). In said brief, the
victim’s next of kin observed that the reports submitted by the State only provide
general information concerning the contacts made by COPREDEH with the Criminal
Investigation Section and officers of the Prosecutor's Office for the District of
Huehuetenango. According to the victim’s next of kin, even though COPREDEH has
established contact with the authorities of the National Police and the Prosecutor’s
Office of Huehuetenango, its report do not provide details regarding what the
authorities in charge of the investigation have been doing during these eight years in
order to find the other alleged responsible of the murder of Nicholas Chapman Blake.
Moreover, they stated that there are no signs that COPREDEH has requested
information from the National Police and the Prosecutor’s Office in order to prove
such efforts. To such respect, they pointed out that COPREDEH has not provided the
Court with specific information regarding when they met such officers, with who they
met, if they have discussed some periods of time to visit the place of the facts and if
they have closely followed the development of the measures taken by the National
Police. The victim’s next of kin noted that COPREDEH has neither designed
alternative plans to fix the difficulties caused by the lack of cooperation on the part
of the National Police with regard to the investigation and search of the alleged
responsible, including other areas of the Government or the offering to accompany
the National Police in their search trips. Moreover, the victim's next of kin observed
that the State has not shown whether the National Police or the Public Prosecutor's
Office have ever searched for information regarding these people in official files or
data basis in order to locate them, such as identification card's register, documents
from the civil patrol register, driving licenses, tax or other kind of duties' register,
among others.
In view of the foregoing, the victim’s next of kin deems it is crucial the
Government conduct, as soon as possible, a search of these people in all the official
and relevant files and records. To such end, they requested the State to fully modify
the way they have been conducting the investigation of the instant case and they
submitted some recommendations to the Court, including the following: “[a) to
request] that COPREDEH be separated from the coordination of the investigation due
to its incompetence to take measures on the part of the police and judicial
authorities, and minimize its role to inform the Court of the case; [b) to request] the
President of Guatemala to appoint an officer in line of authority of the Army, with the
rank of Colonel or superior, with the power to plan and conduct the search of three
individuals in the town of El Llano and Las Majadas or in nearby towns and with
access to the resources of the military base of Huehuetenango; [c) t]o request that a