2 Admissibility and Merits No. 71/04 (hereinafter “Report No. 71/04” or “the Report”), in the terms of Article 50 of the American Convention, which includes certain recommendations for the State. The Report was notified to the State on November 10, 2004. On August 8, 2005, the parties signed an agreement on reparations and compliance of the commitments acquired within the framework of an amicable solution, in which the State acknowledged its international responsibility derived from the facts of the present case. However, due to the partial non-compliance by the State of certain commitments acquired in the agreement signed (infra para. 12, 15, and 16), the Commission decided to submit the present case to the jurisdiction of the Court. The Inter-American Commission appointed Messrs. Víctor Abramovich, Commissioner and Santiago A. Canton, Executive Secretary, as delegates and Elizabeth Abi-Mershed, Isabel Madariaga, and Juan Pablo Albán as legal advisors. 2. The facts of the present case refer to the alleged forced disappearance of María Tiu Tojín and her daughter Josefa, occurred in the Municipality of Chajul, Department of the Quiché, as of August 29, 1990, in hands of officers of the Guatemalan army along with members of the Civil Self-Defense Patrols. The Commission held that, up to this date, the State has not complied with its duty to investigate these facts with the due diligence required, and therefore they remain in absolute impunity and under the knowledge of military courts. In the Commission’s opinion, the present case reflects “the abuses committed during the internal [armed] conflict by the military forces against the Mayan indigenous people and the communities of populations in resistance.” Based on these facts, the Commission requested that the Court determine that the State has failed to comply with its international obligations by incurring in the violation of Articles 4 (Right to Life), 5 (Right to Humane Treatment), 7 (Right to Personal Liberty), 8 (Right to a Fair Trial), and 25 (Right to Judicial Protection) of the American Convention, in relation to the general obligation of respect and guarantee of human rights established in Article 1(1) of the same instrument and Article I of the Inter-American Convention on Forced Disappearances of People (hereinafter “Inter-American Convention on Forced Disappearances”), in detriment of María and Josefa Tiu Tojín; Article 19 (Rights of the Child) of the American Convention, in relation to the general obligation included in Article 1(1) of the same treaty, in detriment of the child Josefa Tiu Tojín; and Articles 5 (Right to Humane Treatment), 8 (Right to a Fair Trial), and 25 (Right to Judicial Protection) of the American Convention, in relation to Article 1(1) of the same instrument, in detriment of the next of kin of the alleged victims. 3. The Commission indicated that it values the State’s positive attitude in acknowledging the facts and its international responsibility derived from the same[,] as well as the efforts made in seeking to repair, at least in part, the violations to human rights suffered by the [alleged] victims of this case […].” However, the current state of impunity of the forced disappearance of María Tiu Tojín and her daughter “contributes to prolong sufferings caused by the violation of fundamental rights.” It also stated that it is a “duty of the Guatemalan State to provide an adequate judicial response, establish the identity of those responsible, and locate the remains of the [alleged] victims in order to adequately repair their next of kin.” 4. On December 31, 2007 Messrs. Mario Minera and Angélica González of the Center for Legal Action of Human Rights (CALDH), representatives of the alleged victims (hereinafter “the representatives”), presented their brief of pleadings, motions, and evidence (hereinafter “brief of pleadings and motions”), in the terms of Articles 23 and 36 of the Rules of Procedure. The representatives coincided with the legal arguments presented by the Inter-American Commission (supra para. 1) and