10
Tribunal are per se a form of reparation and they offer “a great contribution in the
processes of truth and justice.”
26.
In this regard, taking into account the seriousness of the facts and the
violations acknowledged by the State, the Court will proceed to the ample and
specific determination of the facts occurred, since it contributes to the reparation of
the victims, to avoiding the repetition of similar events, and to satisfying, in short,
the purposes of the Inter-American human rights jurisdiction. However, the Tribunal
does not consider it necessary, on this opportunity, to open to discussion the matters
not subject to controversy, taking into account that the legal claims argued in his
case have already been broadly established by the Inter-American Court in other
cases on the forced disappearance of people, some of them against Guatemala.16
27.
Even though the State has already partially repaired the victims, by virtue of
the demands of justice that revolve around this case, the Court will examine the
reparations that have been argued. The Commission and the representatives insisted
that several reparation measures, especially those related with the investigation of
the facts and the location of the remains of the victims, “had not been effectively
complied with.” The Commission stated that in Guatemala “the subsistence of high
levels of impunity does not only mean that numerous serious crimes are not
punished but instead it becomes a situation that affects the life itself of the nation
and its culture.”
28.
The State acknowledged that there are commitments that are still pending
compliance that “due to their complexity, and not because of a lack of will or actions,
could not be achieved in the time periods established.” The State informed the Court
that “it continues making efforts to implement processes that allow the location of
the remains of María and Josefa Tiu Tojín and the remains of the victims of the
internal armed conflict.” Similarly, it stated “that even though they have not been
able to identify those responsible for the facts, it is promoting actions” so that this
can be achieved.
29.
Taking into account the aforementioned, the Tribunal will proceed to precise
the grounds of the obligation to investigate the facts of the forced disappearance of
María and Josefa Tiu Tojín in Section VII.C of this Judgment, and it will take on the
legal and factual obstacles that have prevented its compliance within the framework
of the transition toward democracy in Guatemala. These precisions will contribute to
the development of jurisprudence regarding this matter and the corresponding
protection of the human rights of the victims of this case. Finally, the Tribunal will
decide on the subsisting controversy with regard to the rest of the reparations
requested by the Commission and the representatives.
V
EVIDENCE
30.
Based on that established in Articles 44 and 45 of the Rules of Procedure, as
well as on the jurisprudence of the Tribunal with regard to evidence and its appraisal,
the Court will examine and assess the documental evidentiary elements forwarded
Cfr. Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36; Case of
Bámaca Velásquez v. Guatemala. Merits. Judgment of November 25, 2000. Series C No. 70; Case of
Molina Theissen v. Guatemala. Merits. Judgment of May 4, 2004. Series C No. 106, and Case of the Plan
de Sánchez Massacre v. Guatemala. Merits. Judgment of April 29, 2004. Series C No. 105.
16