118
82.
In view of all the above, the Court considers that the State must conduct the
exhumations, in the presence of the next of kin, to locate the mortal remains of
Efraín Bámaca Velásquez and to hand them over to them. The Court also considers
that Guatemala must provide the necessary conditions not only to determine the
whereabouts of the victim, but also to take those remains to the place chosen by his
next of kin, at no cost to them.
83.
Finally, as a measure of satisfaction, the Court considers that the State must
implement, if it does not currently exist, a national exhumations program, as the
State itself mentioned in its brief with observations on the reparations.
*
*
*
84.
Regarding the request for reparation of the detriment to the reputation and
honor of Mrs. Harbury, it is the opinion of the Court that both the judgment on the
merits rendered in the instant case, in which it was decided that Guatemala was
responsible for the violation of certain human rights, and the instant Judgment, are
per se adequate reparation in this regard. 93 Nevertheless, the Court deems that the
State must carry out a public act of recognition of its responsibility in connection with
the facts of this case, and of relief to the victims.94 The Court also decides that as a
means of providing satisfaction, the State must publish in the official gazette, Diario
Oficial, and in another daily with national circulation, once only, the operative part of
the November 25, 2000 judgment on the merits and the chapter pertaining to the
proven facts in that judgment.95
*
*
*
85.
In accordance with the positions of the Commission and of the
representatives of the victims in this regard, the Court deems that Guatemala must
adopt the legislative and any other measures required to adapt the Guatemalan legal
system to international human rights norms and humanitarian law, and to make
them domestically effective, pursuant to Article 2 of the Convention. Specifically, the
State must adopt the national measures to apply international humanitarian law, as
well as those for protection of human rights that ensure the free and full exercise of
“Article 58.- Cultural identity. The right of individuals and communities to their cultural identity in
accordance with their values, their language, and their customs, is recognized.
[...]
Article 66.- Protection of ethnic groups. Guatemala is formed by various ethnic groups, including
indigenous groups of Mayan ancestry. The State recognizes, respects, and promotes their life styles,
customs, traditions, forms of social organization, the use of indigenous dress by men and women,
languages and dialects”.
93
See Cesti Hurtado Case, Reparations, supra note 5, para. 59; “The Last Temptation of Christ”
Case, supra note 6, para. 99; and Suárez Rosero Case. Reparations (Art. 63(1) American Convention on
Human Rights). January 20, 1999 Judgment. C Series No. 44, para. 72.
94
Cantoral Benavides Case, Reparations, supra note 5, para. 81.
95
Cantoral Benavides Case, Reparations, supra note 5, para. 79.
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