4
applied so that the guarantee protected is truly practical and effective, bearing in mind the
special nature of human rights treaties.3
*
*
*
7.
In what refers to the fifth operative paragraph of the Judgment that mentions the
State’s obligation to conclude the pending investigations with regard to the murder of Ramón
Mauricio García Prieto, and the threats and harassments suffered by Mr. José Mauricio García
Prieto Hirlemann and Mrs. Gloria Giralt de García Prieto (supra Having Seen paragraph number
1), the State did not forward information on the progress made in the investigations promoted
by the General Prosecutors’ Office of the Republic since the official report from said institution
had not been received. Due to this it is going to carry out the respective processes to obtain
the relevant information.
8.
In their observations, the representatives mentioned that the State did not comply with
the request for information made by the Tribunal, and that the lack of information makes it
evident that the investigations remain in the same state they were in when the Order of
February 3, 2010, was issued. According to the representatives the State has not yet adopted
actions to comply with this measure.
9.
Likewise, the Inter-American Commission observes with concern that despite that in the
Court’s last order it considered that the State “has not carried out actions in order to perform a
prompt, exhaustive, and effective investigation,” in its report it did not present any information
whatsoever on this matter pending compliance, failing to obey the Court’s order to “intensify
its efforts and carry out all relevant actions in order to advance in the investigations.” The
Commission reiterated that the obtainment of justice is essential in order to mitigate damage,
and thus it considers the compliance with the obligations imposed on the State in this regard
fundamental.
10. From that mentioned by the State and the observations filed by the parties, this Tribunal
reiterates to the State the obligation it has to intensify its efforts and carry out all relevant
actions as soon as possible in order to make progress in the investigations in the murder of
Ramón Mauricio García Prieto Giralt and the threats and acts of harassment suffered by Mr.
José Mauricio García Prieto Hirlemann and Mrs. Gloria Giralt de García Prieto. Based on the
aforementioned, the Court considers it necessary that the State present updated, detailed, and
complete information on the implementation of each of the investigations and diligences
carried out.
*
*
*
11.
Regarding the sixth operative paragraph of the Judgment, which establishes the State’s
obligation to publish in another newspaper of ample national circulation the relevant parts of
the Judgment (supra Having Seen paragraph 1), the State informed that it expected to publish
3
Cr. Case of Ivcher Bronstein v. Peru. Jurisdiction. Judgment of September 24, 1999. Series C No. 54, para.
37; Case of Yatama v. Nicaragua. Monitoring Compliance with Judgment. Order of the Court of May 28, 2010,
Considering Clause number six, and Case of Vargas Areco v. Paraguay. Monitoring Compliance with Judgment, supra
note 1, Considering Clause number five.