4
protected guarantee is truly practical and effective, bearing in mind the special nature
of human rights treaties.4
7.
That the States Parties to the American Convention which have accepted the
compulsory jurisdiction of the Court are under a duty to fulfill the obligations imposed
by this Court. This obligation includes the State’s duty to report on the measures
adopted to comply with the orders of the Court in said judgments. Timely fulfillment of
the State’s obligation to report to the Court on the manner in which it is complying
with each of the aspects ordered by the latter is essential to evaluate the level of
compliance with the Judgment as a whole.5
8.
That the Court considers that the hearing held to monitor compliance with the
pending orders in the instant case has been very useful.
*
*
*
9.
That, as regards the location of the mortal remains of Mr. Bámaca-Velásquez,
their exhumation in the presence of his widow and next of kin, and subsequent release
to them (first operative paragraph of the Judgment on reparations) and the
investigation of the facts that gave rise to the violations, the identification and
punishment of those responsible therefor as well as the public disclosure of the results
of the respective investigation (second operative paragraph of the Judgment on
reparations), the State considered that both matters were “intimately connected with
the investigation being conducted by the Attorney General’s Office;” therefore, it
addressed both issues together during the public hearing.
10.
That the State informed the Court that, on December 29, 2008, a meeting was
held with the prosecutors in charge of the investigation and they reported that they
had identified two locations where Mr. Bámaca-Velásquez may be buried. The State
pointed out that said prosecutors “need to gather information from relatives to produce
a genetic profile;” therefore, they “conducted several enquiries” to locate two sisters of
the victim, who stated that they “did not want to be involved in the case.”
Furthermore, Guatemala stated that the case was assigned to said prosecutors last
year and that the anthropological investigation and subsequent exhumation is
dependent on the support and authorization of the victim’s next of kin. The State
added that the prosecutors “will subsequently analyze the possibility of referring the
case to the Human Rights Prosecutor’s Office” created “with special focus on the
investigations of relevant facts for historical clarification.” Regarding progress in the
investigations, the State pointed out that:
a) on August 15, 2007, the Retalhuleu Prosecutor’s Office continued with the
investigation procedures, including taking witness statements, and
b) on May 2, 2008, the Attorney General’s Office reported that additional visits
were made to the municipality of San Sebastián, department of Retalhuleu, to
try to locate the individuals who might have information on the inhumations
4
Cf. Case of Ivcher-Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No.
54, para. 37; Case of Vargas-Areco v. Paraguay, supra note 2, Considering clause No. 6, and Case of
Claude-Reyes v. Chile, supra note 2, Considering clause No. 6.
5
Cf. Case of Barrios Altos v. Peru. Monitoring Compliance with Judgment. Order of the Court of
September 22, 2005, Considering clause No. 7; Case of Baena-Ricardo et al v. Panama. Monitoring
Compliance with Judgment. Order of the Court of October 30, 2008, Considering clause No. 7, and Case of
Vargas-Areco v. Paraguay, supra note 2, Considering clause No. 7.