4
A)
Investigation of the events of the Plan de Sánchez Massacre in order to
identify, prosecute, and possibly punish those responsible
(operative
paragraph one of the Judgment)
6.
In its report of January 7, 2010, the State expressed that the investigators
assigned to the Human Rights Prosecutor's Office are conducting “the necessary
proceedings to identify and locate the persons that, as civil patrol members and
military officers […], participated in the acts. Therefore, documents are being gathered
to identify the victims of the massacre and the persons who allegedly took part in it”.
Moreover, the State informed on the actions taken by the Office of the Public
Prosecutor during 2009. It mentioned that on December 10, 2009, it presented a
proposal before the Judges of the Criminal Chamber to implement the judgments
delivered by the Inter-American Court against the State of Guatemala and that, at a
later date, a second meeting was held at the seat of the Criminal Chamber of the Court
of Justice on December 11, as well as at the offices of the Comisión Presidencial
Coordinadora de la Política del Ejecutivo en materia de derechos humanos [Presidential
Commission for Coordination of the Executive Branch’s Policy on Human Rights Issues]
(hereinafter “COPREDEH”) on December 23, 2009, in order to look for "the best means
to make progress with the judgments."
7.
The representatives referred to “the scant information that the State is
forwarding regarding the steps conducted so far in the investigation of the case.” They
expressed that said steps “were conducted on March 3, 2009, yet when the [State]
report was presented, the results of the aforementioned steps were unknown, and no
new steps had been taken to progress with the investigation, apart from submitting
the correspondence”. Moreover, they mentioned that the victims consider that “the
lack of willingness shown by the State to make progress with [this] investigation is
evident.” The representatives also expressed the need for COPREDEH "to participate in
the twofold follow-up and information process with the Office of the Public Prosecutor,
regarding the need to make progress in the investigation of the case, and also provide
the victims and their representatives with information, opening the channel between
[said actors] that can be used to inform about the progress in the investigation and,
also, encourage new steps”. Lastly, they suggested that a detailed report be requested
from the State on the results of the steps taken to date.
8.
Moreover, in its observations of May 12, 2010, the Commission affirmed that
“the State fails to present updated information on the progress made in the
investigations” and it reiterated that the information “does not evidence actual
compliance with the obligation to investigate as part of the process of monitoring
compliance with the judgment.” The Commission indicated that “more than five years
and eight months after the delivery of the Judgment, [...] it notes that the situation
verified by the Court in the merits proceeding of the case has not changed.” Therefore,
it considered it was essential to reiterate that the State must comply with the
reparation measure ordered in relation to the implementation of diligent investigations
in order to punish those responsible.
9.
Based on the foregoing, the Court notes that the State has only repeated
information on the investigation that it had already presented in this monitoring
compliance process, hence it has not presented updated information as requested in
the Order of Court of July 1, 2009. This Tribunal notes that, following the delivery of
the Judgment in the instant case, the State has not taken steps to conduct a prompt,
thorough and effective investigation, in accordance with the standards set by