3
*
*
*
4.
That in its Order of November 21, 2007 (supra Having Seen 3), the Court
required the State detailed information on the compliance of the only remaining
operative paragraph related to the duty of effectively investigate the facts in the
instants case; to identify, judge, and if so, punish the guilty, and to publicly
circulate the results of said investigation (fifth operative paragraph of the Judgment
on Merits, Reparations, and Costs).
*
*
*
5.
That the State informed that the respective file on the facts of the instant
case is located in the Human Rights Prosecutor’s Office, Fiscalía de Sección de
Derechos Humanos, Unidad de Casos Especiales (Special Cases Unit), which works
on the investigation of events related to the internal armed conflict. Likewise, the
State informed that the proceeding is still on investigation, and that the said office
elaborated a plan that gathers the investigation and “shows the practice of a
number of procedures that include the requirement of information to public and
private offices […]”. The State made reference to some actions taken by the Public
Ministry on August 2008, “to identify the persons who had positions in State offices
that could have a relation with this event, [and] to find the whereabouts of persons
responsible for it.” Lastly, it informed that, “the case is being studied by the
Impulse Committee, which is integrated by the State offices related to justice and
judicial matters […]”.
6.
That the representatives pointed out that they acknowledge the efforts of he
State as a first advance to comply with the pending obligation. However, they
indicated that “it does not appear that the State is adopting the necessary
measures for fulfill its responsibility in the matter of legal prosecution[, …]
considering that after the information given by the victim and the next of kin, this is
one of the cases that will allow to demonstrate more concrete advances as for the
impunity that has prevailed in this type of cases.” Likewise, they reaffirmed “the
importance of the access to the information related to the advances of the
investigation, for the victim, next of kin and representatives, [since] the adequate
and opportune information […] will allow the victim to provide and direct the
investigations[, …] and mainly that the necessary security measures are taken”,
taking into account that “several persons part of the State have been identified to
probably be linked in some manner […]”. They also referred to the necessity for the
representatives of the next of kin to participate in the Comité de Impulso [Impulse
Committee]. The representatives insisted that, “they consider important that the
State, through COPREDEH, creates a discussion space between the victim, next of
kin and representatives with the persons in charge of the investigation, makinh
possible the transfer of information that allows the adequate impulse to the
investigation”.