64
disseminated so that Guatemalan society knows the facts which are the object of the
present case, as well as those responsible.250
B.1 Determination of the whereabouts of Florencio Chitay Nech
238. The Commission and the representatives requested the Court to order the State to
carry out the search, identification, and delivery of the mortal remains of Mr. Chitay Nech.
In addition, the representatives indicated that this obligation includes that the State “will
cover the expenses for the movement and burial in the place that [they] indicate and in
agreement with [their] customs” and traditions of the indigenous Mayan kaqchikel
community. For its part, the State, even though it did not present any specific allegations in
this regard, expressed that said measure should be included within friendly settlement
procedure.
239. In this regard, the expert witness Rosalina Tuyuc, referring to those disappeared,
noted that the families have not yet been able to bid farewell and let them go, they have
not had a dignified burial in which to take a candle, a flower, or go to talk, because for
them, the deceased continue existing; they are the energetic source of life for the family,
community, and their people.
240. As has been established in the present Judgment, as part of the duty to investigate,
the State must carry out an effective search for the whereabouts of the victim. (supra
paras. 204 and 209), so that the right of the next of kin to know the whereabouts of the
same251 constitutes a measure of reparation and, therefore, an expectation for the State to
satisfy.252 Likewise, this permits the next of kin to alleviate the anguish and suffering caused
by said uncertainty.253
241. In the case where the mortal remains are found, they must be delivered to their next
of kin, having genetic proof of kinship, as soon as possible and without any costs incurred.
In addition, the State must cover the funeral costs, in common agreement with the next of
kin.254 To receive the body of the victim is of utmost importance to the next of kin, given
that it permits them to bury the remains in accordance with their beliefs and close the
mourning process.
C.
Measures of Satisfaction, Rehabilitation, and Guarantee of Non-Repetition
242. The Tribunal will determine other measures that seek to repair the non-pecuniary
damage that does not have a pecuniary nature, and will provide for measures that extends
250
Cf. Case del Caracazo V. Venezuela, supra note 249, para. 118; Case Radilla Pacheco V. México, supra
note 12, para. 335, and Case Dos Erres Massacre V. Guatemala, supra note 12, para. 236.
251
Cf. Case Goiburú et. al. V. Paraguay, supra note 87, para. 171; Case La Cantuta V. Perú, supra note 223,
para. 231, and Case Ticona Estrada et. al. V. Bolivia, supra note 84, para. 155.
252
Cf. Case Neira Alegría et. al. V. Perú. Reparations and Costs. Judgment of 19 of September of 1996.
Series C No. 29, para. 69; Case La Cantuta V. Perú, supra note 223, para. 231, and Case Ticona Estrada et. al. V.
Bolivia, supra note 84, para. 155.
253
Cf. Case Ticona Estrada et. al. V. Bolivia, supra note 84, para. 155.
254
Cf. Case Anzualdo Castro V. Perú, supra note 86, para. 185.
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