4
others as alleged intermediate authors on the charge of forced disappearance against
Fortunato Santiago Gómez Palomino and society, and others as alleged coperpetrators, and another person, as an alleged accomplice in the crime against the
life, body and health -Aggravated Murder (with malice aforethought)- also against
Fortunato Santiago Gómez Palomino, finally, ordered to maintain the "Detention
orders pronounced against the accused" and the "Limited Attendance ordered
against the defendants." Furthermore, by virtue of that extension, the Court decided
to extend the investigation term. Therefore, the representatives asked to continue
monitoring this point.
8.
The Commission awaits the State's next report containing detailed
information on compliance with this obligation, which must be achieved within a
reasonable term.
9.
The President-in-Office for this case deemed it necessary that the Court
receives updated and detailed information from the State and copies of relevant
documentation on the progress of criminal proceedings for the forced disappearance
of Santiago Gómez Palomino before the Fourth Special Criminal Court, under file No.
62-2007. In particular, it is imperative that the State provide detailed information on
the new steps taken to comply with this point.
b) Regarding paragraph eight of the Judgment
10.
As for the obligation to conduct, with due diligence, the necessary actions to
locate and deliver the mortal remains of Mr. Santiago Gómez Palomino to his nextof-kin, and provide the conditions necessary to transfer and bury these remains in
place of their choice (operative paragraph eight of the Judgment), the State did not
present the relevant information.
11.
The representatives reported that in criminal proceedings before the Fourth
Special Criminal Court, under file No. 62-2007, through the brief of December 1,
2008 they requested a copy of an investigation followed to locate human remains in
the "La Chira" beach in 1993. Also, they warned that "during the trial proceedings
steps were not taken to search for the remains of Santiago Gómez Palomino."
Therefore, that considered it important that "the State provide information on State
officials who received benefits for effective collaboration and regarding whether they
have contributed to locating the remains of Santiago Gómez Palomino."
12.
The Commission noted, with concern, that the State had not provided
information regarding compliance with this point and reiterated the importance of
this reparation measure; thus, all necessary actions should be taken, as soon as
possible, to locate the remains of Mr. Gómez Palomino.
13.
The President-in-Office noted that the Court has no information or
documentation relating to the measures taken or performed to locate and deliver the
mortal remains of Mr. Santiago Gómez Palomino their families. Therefore, it
considers it necessary that the Tribunal receives updated and detailed information
regarding compliance with this point and, in particular on the measures taken by the
State in this regard.
a) Regarding operative paragraph nine of the Judgment
14.
Regarding the obligation to publish at least once, in a nationally circulated