12
victims and the samples for DNA tests in June 2008. Even though, the Public
Prosecutors’ Office states that 75% of the property was investigated, it is the
representatives’ understanding that only a little more than one fourth of the property
was investigated. Without detriment to the latter, the representatives reiterated on this
opportunity that the Public Prosecutors’ Office showed “greater willingness to follow a
methodology and search plans whose proposed stages have been accepted and
observed according to the plan presented.”
22.
That the Commission indicated that the State, despite mentioning multiple
actions of diverse nature, omitted to offer specific information regarding the same.
Thus, it considered that the State had not informed of the specific results of the DNA
exams performed nor had it provided greater details of the investigations at “Las
Tangas”. During the hearing, the Commission stated that it would be necessary that
the exhumation actions be carried out in adequate technical conditions in order to
obtain some type of result, even though it pointed out that it is very positive that,
through the actions practiced, it was possible to have ruled out certain presumptions.
Without detriment to the aforementioned, it considers that what was informed by the
State during the hearing was limited more to repeating information already known by
the Tribunal –as held also by the representatives. In its subsequent observations, the
Commission indicated that it values the efforts made by the State in the search for the
victims, but that the measures must be effective and comply with the objective, that is
the search and finding of those who disappeared.
23.
That it is appropriate to remember that, in the terms of the Judgment,12 for the
effective compliance of these obligations, the State shall guarantee that the
corresponding official entities will use all the technical and scientific means possible,
taking into account the relevant regulations in this matter, such as those established in
the United Nations Manual on the Effective Prevention and Investigation of Extralegal,
Arbitrary and Summary Executions, and also the Report of the Secretary-General on
human rights and forensic science presented in accordance with resolution 1992/24 of
the Commission on Human Rights of the United Nations Economic and Social Council.
24.
That the Court values that certain research and disinterment actions have been
carried out, as well as the recollection of DNA tests and information from the next of
kin of the disappeared victims. Even though efforts have been made to guarantee that
the actions carried out fulfill certain technical requirements, despite some differences
in opinion regarding the methodology and opportunity of those actions, they have
provided little results up to this moment, even though, it is reasonable to consider, by
the dimensions and consequences of the massacre, that an important part of the
victims and their next of kin still have to be identified. In this sense, the Court
observes the close relationship between compliance with this obligation and the
effective investigation of the facts. Therefore, it will continue to monitor compliance
with this measure and it requires that the State refer, in its next report, to the results
of the measures adopted and the pending publications and summons, if any; that it
specify the other suitable measures that may be implemented with that purpose, and
that it provide, if necessary, specific information regarding the people that have been
located and identified.
*
12
*
*
Cf. Case of the Pueblo Bello Massacre v. Colombia, supra note 10, paras. 270 and 271.