117
case, as well as to publicly divulge the results of said investigation, and to punish
those responsible.
*
*
*
79.
In the instant case the Court determined the violation of Article 4 of the
American Convention, and pointed out that “[…] there is sufficient evidence to
conclude that the facts indicated in relation to Efraín Bámaca Velásquez were carried
out by persons who acted in their capacity as agents of the State, which involves the
international responsibility of Guatemala as State Party to the Convention.”88
Therefore, the State must locate the mortal remains of Efraín Bámaca Velásquez and
hand them over to his next of kin, for them to be buried in accordance with their
customs and religious beliefs.
80.
It is also suitable to highlight that in the “Agreement on the basis for
incorporation of the Unidad Revolucionaria Nacional Guatemalteca to legality”, that is
part of the body of evidence, the State undertook the commitment, in point 54 of
that Agreement, to cooperate “[…] on the issue of the detained and disappeared
members of URNG and to contribute all the means, relevant measures, and
information leading to the recovery of the remains of members of the URNG”.89
81.
This Court deems that care for the mortal remains of a person is a form of
observance of the right to human dignity. This Court has also pointed out that the
mortal remains of a person deserve respectful treatment before that person’s next of
kin, due to the significance they have for them.90 Respect for those remains,
observed in all cultures, acquires a very special significance in the Mayan culture,
Mam ethnic group, to which Efraín Bámaca Velásquez belonged. The Court has
already recognized the importance of taking into account certain aspects of the
customs of the indigenous peoples of the Americas for purposes of application of the
American Convention on Human Rights (Mayagna (Sumo) Awas Tingni Case vs.
Nicaragua)91. As was reiterated at the public hearing on reparations in the instant
case, for the Mayan culture, Mam ethnic group, funeral ceremonies ensure the
possibility of the generations of the living, the deceased person, and the deceased
ancestors meeting anew. Thus, the cycle between life and death closes with these
funeral ceremonies, allowing them to “express their respect for Efraín, have him near
and return him or take him
to live with the ancestors”, as well as for the new generations to share and learn
about his life, something that is traditional in his indigenous culture.92
88
Bámaca Velásquez Case, supra note 6, para. 133.
89
Acuerdo sobre Bases para la Incorporación de Unidad Revolucionaria Nacional Guatemalteca a la
Legalidad, Appendix 7, Volume I on Reparations, at the Secretariat of the Inter-American Court, f. 41.
90
91
Blake Case. January 24, 1998 Judgment. C Series No. 36, para. 115.
See Mayagna (Sumo) Awas Tingni Community Case, supra note 7, para. 149; and Aloeboetoe et
al. Case, Reparations, supra note 40, para. 62.
92
In this regard, this Court highlights the constitutional legislation in force in Guatemala:
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