Order of the
Inter-American Court of Human Rights*
of November 16, 2009
Case of Molina-Theissen v. Guatemala
(Monitoring Compliance with Judgment)

HAVING SEEN:
1.
The Judgment on merits passed by the Inter-American Court of Human Rights
(hereinafter “the Court,” “the Inter-American Court” or “the Tribunal”) on May 4, 2004.
2.
The Judgment on reparations rendered by the Court on July 3, 2004, whereby it
ordered as follows:
2.
the State must find and deliver the mortal remains of Marco Antonio Molina-Theissen to
his next of kin […];
3.
the State must effectively investigate the facts of the instant case, with the aim of
identifying, trying, and punishing the direct perpetrators and masterminds of the forced
disappearance of Marco Antonio Molina-Theissen, and the result of this process must be made
known to the public […];
4.
the State must publish within three months from the date of notification of the […]
Judgment, at least once, in the Diario Oficial and in another newspaper with national circulation,
both the Section on Established Facts in Chapter V and operative paragraphs one to five of the
Judgment on merits delivered by the Court on May 4, 2004, as well as Chapter VI, entitled Proven
Facts, without the footnotes, and operative paragraphs one to eight of the […] Judgment [on
reparations];
5.
the State must carry out, in the presence of its senior authorities, a public act to
acknowledge its international responsibility concerning the facts of this case, and to make
amends to Marco Antonio Molina-Theissen and his next of kin […];
6.
the State must designate an existing educational center in Guatemala City with a name
that refers to the children who disappeared during the internal armed conflict, and it must place a
plaque in memory of Marco Antonio Molina-Theissen at that center […];
7.
the State must establish a prompt procedure to obtain a declaration of absence and
presumption of death due to forced disappearance […];
8.
the State must adopt such legislative, administrative, or other measures as may be
necessary to establish a genetic information system […];
9.
the State must pay the total sum of US$275,400.00 (two hundred and seventy-five
thousand four hundred United States dollars), or its equivalent in Guatemalan currency, as
compensation for pecuniary damages […];
10.
the State must pay the total sum of US$415,000.00 (four hundred and fifteen thousand
United States dollars) or its equivalent in Guatemalan currency, as compensation for nonpecuniary damages […];
11.
the State must pay the total sum of US $7,600.00 (seven thousand six hundred United
States dollars) or its equivalent in Guatemalan currency, which must be given to Emma Theissen
Álvarez Vda. de Molina, the victim’s mother, for costs and expenses of the proceedings at the
domestic level and the international proceedings before the inter-American system for the
protection of human rights […]

3.

The Court’s Order of July 10, 2007, whereby it held as follows:

*
Due to force majeure reasons, Judge Cecilia Medina-Quiroga, President of the Court, and Judge
Leonardo A. Franco did not take part in the deliberations leading to and the signing of this Order. Vice
President Diego García-Sayán took over the Presidency pursuant to Article 5(1) of the Rules of Procedure of
the Court.

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