5 11. That the Inter-American Commission pointed out that “it is acquainted with the fact that […] the cemetery of La Cuchilla is one of the places where the remains of José Carlos Trujillo-Oroza are allegedly located and [that,] therefore, it once expressed concern about the use of a backhoe, for it might have spread the remains and generated more inconvenience.” The Commission welcomed the progress made in identifying the remains found at the mausoleum; “however, it understands that this has been made within a broader state policy framework regarding forced disappearance of persons [although] it would not necessarily be successful in the instant case because, according to the case file, the remains of José Carlos Trujillo-Oroza might be located in other sites.” The commission “supports the representatives´ proposal that the State should make a specific schedule regarding, firstly, the taking of blood samples from José Carlos Trujillo-Oroza’s next of kin, and secondly, [the search for] José Carlos Trujillo-Oroza’s remains where they might be located.” 12. That, according to the information forwarded by the State, the actions taken so far to locate the remains of José Carlos Trujillo-Oroza are: a) the excavation carried out at the cemetery of La Cuchilla in the city of Santa Cruz, and b) the custody of the remains by the prosecutor in charge of the case. 13. That concerning the excavation, it is worth mentioning that the State failed to report on the method used to carry it out. The State also failed to object to the representatives´ affirmation that the excavation was made with a backhoe, which might have adversely affected the remains preservation process. 14. That, on the other hand, the State failed to comment on the representatives´ assertion that the remains found at the excavations carried out at the cemetery of La Cuchilla in the city of Santa Cruz are deposited in the office of the Prosecutor in “plastic bags.” The State omitted, in particular, to refer to the preservation techniques applied thereto. Moreover, the Tribunal highlights the fact that, despite three years have elapsed since the excavations and the location of the remains, the State has not yet carried out the genetic and anthropological examination and has failed to state any reason for said omission. 15. That the Court considers that the manner in which the actions taken to locate presumably human remains is essential. The proper collection and preservation of the remains is vital to determine what happened to the victims and, consequently, to proceed to investigate, prosecute and eventually punish those responsible. In this sense, in order to monitor compliance with the Judgment on reparations and costs delivered in the instant case (supra Having Seen clause No. 2), the Court deems it necessary that the State inform in detail about the manner in which the excavations made at the cemetery of La Cuchilla were carried out and explain how the remains found at the excavation site are being preserved by the authorities. The Tribunal notes that the passing of time may irreversibly affect the remains if no properly preserved. 16. That, moreover, the State should conduct forthwith the necessary expert examinations to identify the remains referred to above. The study should be thoroughly made by competent professionals, following the most appropriate procedures. The State should inform the Court about the actions taken to that effect. The Court urges the State to apply the international standards on this field contained, among others, in the United Nations Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions; 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; and the Model Protocol for the

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