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