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8.
That according to the Order of the Court of March 3, 2005 (supra Having seen
paragraph 4), the State should have submitted a detailed report on the measures it
has taken to execute the aspects pending compliance of the judgment on
reparations in this case by May 23, 2005, at the latest (supra Having seen paragraph
2).
9.
That, on September 13, 2005, the State submitted a brief report in this
regard, without the necessary supporting documents and nearly four months after
the time allotted for presenting it had expired (supra Having seen paragraph 6).
10.
That, since that date, the State has not forwarded any information regarding
compliance with the judgments of the Court, despite the reminders sent by the
Secretariat of the Court (supra Having seen paragraphs 5 and 10).
11.
That this attitude of the State is contrary to its obligation to comply and to
report to the Court on the measures taken to implement the reparations ordered by
the Court in the domestic sphere and, thereby, denies access to international justice
to the victims and beneficiaries of the said reparations.5
*
12.
That, when monitoring complete compliance with the judgments on merits
and reparations delivered in this case, and after examining the information provided
by the State, the Inter-American Commission and the representatives in their
respective briefs (supra Having seen paragraphs 6, 8 and 9), the Court observes
that it has insufficient information on the following aspects that are pending
compliance:
(a)
The location of the remains of Efraín Bámaca Velásquez, their
exhumation in the presence of his widow and next of kin, and their return to
them (first operative paragraph de the judgment on reparations);
(b)
The investigation into the facts that gave rise to the violations of the
American Convention on Human Rights and the Inter-American Convention to
Prevent and Punish Torture, the identification and punishment of those
responsible, and also the public divulgation of the results of the respective
investigation (eighth operative paragraph of the judgment on merits and
second operative paragraph of the judgment on reparations);
(c)
The publication, once only, in the official gazette and in another
newspaper with national circulation, of the chapter on proven facts and the
operative paragraphs of the judgment on merits of November 25, 2000, and
the organization of a public act to acknowledge [the State’s] responsibility for
the facts of the case and to make amends to the victims (third operative
paragraph of the judgment on reparations); and
(d)
The adoption of the legislative and any other measures necessary to
adapt Guatemalan domestic laws to the international norms of human rights
and humanitarian law, and to make these norms fully effective in the
5
Cf. Case of Baena Ricardo et al. Competence. Judgment of November 28, 2003. Series C No. 104,
para. 130.
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