69
obligation by the State to satisfy those fair expectations. Receiving the bodies of the
people who passed away in the massacre is extremely important to their next of kin,
given that it allows them to bury them according to their beliefs, as well as to close
the mourning process, which they have been living throughout all these years. The
remains are evidence of that which occurred, and offer details of the treatment
received, manner of execution, the modus operandi. The place where the remains are
found may also provide valuable information as to the perpetrators or to which
institution they belonged.
246. The Court values the steps taken by the State in 1994 and 1995 to recover
the remains of those executed, who were buried in mass graves and in the well of
the Las Dos Erres community, whereby they were able to find 162 remains (supra
para. 86). Despite these efforts, the Court notes that no other steps have been taken
since then to search and find the rest of the people who died in the massacre, or to
identify the remains already located.
247. Consequently, the Court considers that the State, within a term of six months
from the time of notification of this Judgment, must initiate in a systematic and
rigorous manner, with the adequate human and technical resources, a follow up on
the work already undertaken by the Commission to Search for and Identify the Next
of Kin of the victims of the Las Dos Erres Massacre, and take any other steps
necessary for the exhumation and identification of the rest of the individuals
executed. For this purpose it must employ all technical and scientific means
necessary, taking into account relevant national or international standards on that
matter,259 and must conclude the total exhumations within a term of two years from
the time notification of this Judgment.
248. In the event that remains are identified, they must be delivered to their next
of kin, with prior genetic testing to establish kinship, as soon as possible and at no
cost to the relatives. Additionally, the State must cover the costs for transport and
burial, according to the family’s beliefs260. If the remains are not claimed by any
relative within two years of notification, the State shall bury them individually in the
cemetery of Las Cruces. A specific area must be determined in this cemetery,
reserved and identified for their burial, and indicate that it those are an unclaimed
victims of the Las Dos Erres Massacre.
249. To make the identification of the individuals exhumed effective and viable, the
State must notify the victims’ representatives, through a written communication, of
the identification process and delivery of the remains of those deceased in the
massacre, and request their collaboration for pertinent purposes. Copies of said
communications must be submitted to the Court for consideration in the monitoring
of compliance with this Judgment.
B.4)
Training of justice agents
250. The Commission requested the Court to order the State to adopt a permanent
policy to train the personnel of the armed forces in human rights and international
humanitarian law, so as to prevent the occurrence of similar facts in the future, in
conformity with the obligation to prevent and guarantee the fundamental rights
recognized in the American Convention. The representatives requested the Court to
259
Such as those established in the United Nations Manual on Prevention and Effective Investigation
of Extra-Legal, Arbitrary, and Summary Executions. Case of the Mapiripán Massacre v. Colombia, supra
note 19, para. 305.
260
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22,
2002. Series C No. 91, para. 81 and 82; Case of La Cantuta v. Peru, supra note 235, para. 232, and Case
of Anzualdo Castro v. Peru, supra note 28, para. 185.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents