113
They also stated that Guatemala must adopt measures of satisfaction to the victims
to “guarantee that the violations [they] suffered will not happen again”, and they
highlighted the following:
a)
the holding of a “true criminal proceeding” to put an end to impunity in
this case and clarify the facts that were at its origin, by means of a
“serious, expedite, impartial, and effective” investigation, based on
what was set forth in the November 25, 2000 judgment of the Court,
for it to be possible to try and punish the persons responsible.
Specifically, it is necessary to “determine the responsibility of the
military commanders who ordered these actions, as well as the place
where [the] body of Mr. Bámaca [Velásquez] is located”;
b)
handing over the body of Efraín Bámaca Velásquez to his next of kin
due to the specific cultural significance as well as the proven close ties,
as a means to repair the “obstructive actions” carried out by agents of
the State regarding determination of the whereabouts of the victim –
what is called a “strategy of the Guatemalan State to ensure
impunity”-. Delivery of the body of Efraín Bámaca Velásquez would
help his next of kin to overcome the pain they have suffered.
Furthermore, they pointed out the right of the victims, especially
Jennifer Harbury, to participate in the steps taken in this regard, for
which reason they requested that such steps be duly notified and that
she be accompanied in them by forensic staff whom she trusts;
c)
vindication of the public image of the next of kin of Mr. Bámaca
Velásquez, especially that of Jennifer Harbury, by disseminating a
message of relief drafted by her, published in the written press, radio
and television, the costs of which are to be covered by the State; and
d)
following the criterion of the Commission (infra 70 e) the
representatives of the victims requested that the State adopt the
legislative and any other measures required to adapt the Guatemalan
legal system to human rights norms and humanitarian law.
Arguments of the Commission
70.
In its May 8, 2001 brief, the Commission requested that the Court order the
State to carry out the following measures of satisfaction and guarantee of non
recidivism:
a)
implementation of the measures required to effectively comply with
the obligation to investigate the facts, punish those responsible and
make known, publicly, the results of the investigations, so as to put an
end to the situation of impunity in connection with this case, which is
important both “for the family and for Guatemalan society as a whole”;
b)
taking all steps required to recover the mortal remains of Efraín
Bámaca Velásquez, as a way to “put an end to an aspect of inhuman
treatment and denial of justice experienced by the family” and to
deliver them for the victim to be buried in a dignified manner, in the
place designated by the next of kin for this purpose, as an essential
element for reparation of the damages caused by forced
disappearance;
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