4
9.
Likewise, in the course of the public hearing, the Inter-American Commission
indicated that no steps have been taken following the Judgment about the investigation into
the homicide of Ramón Mauricio Garcia Prieto Giralt, and just a few ones regarding the
threats, and that it set much store by the willingness of the State to further the
investigation, which must be diligent and effective. Furthermore, it pointed out the lack of a
coordination mechanism which would make compliance with the Judgment easier, which
would be related to the provisional measures, for the investigating body reached at the
domestic level conclusions contradicting facts already determined to be proven by the Court
in its Judgment.
10. From the information and the observations the parties filed, this Tribunal notes that
the State, after the Judgment in the instant case was delivered, has not taken action to
effect a prompt, comprehensive and effective investigation, up to the standards set forth in
international rules and case law4, in order to comply with operative paragraph number five
in the Judgment. Therefore, the State has the obligation to step up its efforts and to take all
pertinent action, forthwith, in order to further the investigations into the homicide and into
the threats and acts of harassment suffered by Mr. José Mauricio Garcia Prieto Hirlemann
and by Mrs. Gloria Giralt de Garcia Prieto. The Tribunal sets much store by what the State
expressed, in the sense that it is fully prepared to deploy new and determined efforts to
further the investigations pending. For which reasons, the Court deems it essential that the
State file updated, detailed and complete information about how each one of the
investigations and of the steps taken has been implemented.
11.
As to operative paragraph number six in the Judgment, wherein the obligation the
State has to publish in the Official Gazette and in another newspaper of broad national
coverage the pertaining parts of the Judgment (supra Having Seen Clause Number 1) was
established, the State reported that the publications ordered were effected within six
months from the date notice of the Judgment was served upon it in “Issue Number 114,
Tome Number 389, of the Official Gazette, which appeared on June 19, [2008]”, [and in the
daily news]paper “El Mundo” on May 13, [2008]”. In such regard, during the public hearing
the State expressed its decision to repeat the publication effected in the “El Mundo” daily
newspaper, which was challenged by the representatives, avoiding repetition of the
shortcomings pointed out with respect to the previous publication, and having the victims
and their representatives take part in the design thereof.
12.
In their comments, the representatives acknowledged that the publications ordered
in the Judgment were made by the State; however, they indicated that none of these was
effected in one of the two newspapers with higher circulation and greater national coverage,
something which considerably reduced the social impact of the Judgment. They added that
the parts published were difficult and almost impossible to read because of both the size of
the font used as well as the pale tone in which it was printed, something which prevented
such publication from complying with the intention it has, that is to say to make the
Judgment accessible to the population. In the course of the public hearing, in view of the
4
Cf. Case of Bámaca Velásquez v. Guatemala. Monitoring Compliance with Judgment. Order of the Court of
January 27, 2009, Considering Clause Number Thirty; Case of Montero Aranguren et al. (Detention Center of Catia)
v. Venezuela. Monitoring Compliance with Judgment. Order of the Court of November 17, 2009, Considering Clause
Number Eighteen; and Case of Ivcher Bronstein v. Peru. Monitoring Compliance with Judgment, supra note 2,
Considering Clause Number Thirteen.