11
the Commission for the Search of Victims of Forced Disappearance and other Forms of
Disappearance]], which […] has been under debate for three years now.”
46.
That, based on the above, through the Legislative Branch’s representative
referred to in paragraph 44 supra and COPREDEH, the State shall, within a period of four
months following notification of this Order, submit a report on the methodology and the
schedule to encourage the debate and enactment of said bill into a law.
*
*
*
47.
That, as regards the adoption of such legislative, administrative or other
measures as may be necessary to establish a genetic information system (eighth
operative paragraph of the Judgment on reparations), the State reported that, on April
2009, it signed a renewable four-year Agreement with the Fundación de Antropología
Forense de Guatemala [Forensic Anthropology Foundation of Guatemala], which
institution has the “only Forensic Genetic lab in Guatemala.” It asked that the Court
consider this to constitute “progress in complying” with this aspect of the Judgment.
48.
That the representatives noted as follows:
We agree with the State that the work performed by the Forensic Anthropology Foundation is
essential. However, the agreement the State mentioned is merely a cooperation agreement that
does not entail a contribution of funds by the State or any sort of specific action in order for
such registry to be an official public registry which the victims may access. This project has
been organized by the Forensic Anthropology Foundation, which cooperates with the Public
Prosecutor voluntarily. Accordingly, in this regard, we do not believe the State to be taking any
specific action to comply with this measure.
49.
That the Commission did not express an opinion on the subject.
50.
That the Court considers approval of the agreement mentioned by the State to be
a relevant aspect to achieve the goals for which this measure of reparation is intended.
However, it is a temporary, restricted-reach solution that fails to fulfill the international
obligations of the State. The Tribunal notes that this is a fundamental aspect of the
Judgment, which, in addition to providing reparation to the Molina-Theissens, is a
general measure that will benefit the entire population of Guatemala.
51.
That, given the above, acting through the Legislative Branch’s representative
referred to in paragraph 44 supra, CNSAFJ and COPREDEH, the State shall, within four
months following notification of this Order, report on the efforts made and steps taken to
create a genetic information system that will be run by the State itself and fully available
to justice operators and the victims.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to supervise compliance with its decisions pursuant to the
provisions of Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on
Human Rights, Articles 25(1) and 30 of the Statute of the Court, and Article 64 of its
Rules of Procedure,17
DECLARES:
17
Rules of Procedure approved by the Court in its XLIX Regular Session, held from November 16
through November 25, 2000, as partially amended in its LXXXII Regular Session, held from January 19 through
January 31, 2009, pursuant to Articles 71 and 72 thereof.