6
face harassment and pressure.” They added that “the Inter-American Court
could play a significant role in these proceedings by providing now [...] the file
at the domestic level;”
d) “the shortcomings in coordination between State agencies” and the steps taken
by the Prosecutor’s Office, taking into account “the reopening of a grave that
had already been opened in 1993, without any positive results” were matters of
great concern;
e) in relation to the referral of the case to the Human Rights Prosecutor’s Office,
they believed that the proceedings to be referred “are the steps taken in
November, only those related to the abovementioned exhumations, which is not
much;”
f) “within the [Human Rights] Prosecutor’s Office appropriate personnel should be
assigned to the case and provided with financial resources as well as with
security given that the case will most probably regain prominence.” They noted
“the upsurge in violence and constant reprisals against all the witnesses and
other people involved in this case as well as their next of kin,” especially against
Otoniel de la Roca and his next of kin. Therefore, they insisted that “it is key
that protection is provided to all witnesses and counsels and officers of the
Court that will be involved,” and
g) the full participation of Mrs. Harbury in the criminal proceedings must be
ensured and the appointment of the Prosecutor in charge of the investigation
must be made in consultation with the victim’s next of kin.
13.
That Guatemala stated that it did not have specific information regarding the
existence or nonexistence of the case file and that, according to the report from the
Attorney General’s Office, “the Prosecutor’s Office is updating the case file in order to
make available all the information gathered.”
14.
That the Commission expressed regret over the fact that after ten years “there
is still no information about any procedures that have been somewhat effective.” In
addition, it expressed concern over the loss of the case file.
15.
That the Court notes that the information provided by the parties at the hearing
shows that there has been no significant progress in the location of the mortal remains
of Mr. Efraín Bámaca-Velásquez or in the investigation into the facts that gave rise to
the violations and the identification and punishment of those responsible therefor,
which means that the violations declared in the instant case remain unpunished, which
impunity was noted by the Court in its Judgment on the merits6 over eight years ago
and nearly seventeen years after the incidents.
16.
That, at the hearing, the State recognized “that Guatemala has yet to comply
with this and other Judgments of the Court,” in relation to the obligation to investigate,
prosecute and punish those responsible for the violations. Moreover, the Agent added
that it would be useful for the State not only to be able to resort to international
instruments and Court decisions but also to specific ideas and global formulas that
could help break the cycle of impunity in Guatemala.
6
Cf. Case of Bámaca-Velásquez v. Guatemala. Merits. Judgment of November 25, 2000. Series C No.
70, para. 211.