12
1.
That the State has fully complied with the fourth operative paragraph of the
Judgment on reparations, regarding the publication of the relevant sections of the
Judgments on merits and on reparations.
2.
That it will maintain open the procedure for monitoring compliance with those
aspects of the instant case that are still to be complied with, namely:
a) finding and delivery of the mortal remains of Marco Antonio Molina-Theissen
to his next of kin (second operative paragraph of the Judgment on
reparations);
b) investigation into the facts of this case in order to identify, try and, as the
case may be, punish the perpetrators and masterminds of the forced
disappearance of Marco Antonio Molina-Theissen (third operative paragraph of
the Judgment on reparations);
c) establishment of a prompt procedure to obtain a declaration of absence and
presumption of death due to forced disappearance (seventh operative
paragraph of the Judgment on reparations); and
d) 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)
AND DECIDES:
1.
To require that the State adopt all the measures necessary to fully and promptly
comply with those orders that were issued by the Tribunal in its Judgment on reparations
and in the instant Order and are still to be complied with, pursuant to Article 68(1) of
the American Convention.
2.
To request the State to submit by March 29, 2010 a schedule containing specific,
clear and exhaustive information on:
a)
All steps to be taken to investigate the facts of the instant case, identify
and, as the case may be, punish the responsible parties; the possible dates
for such steps, and the institutions or persons in charge thereof;
b)
The specific plans of action, including defined dates, to find the remains of
Marco Antonio Molina-Theissen; the authorities or institutions in charge of
the search operation and the steps to be taken by each of them, as well as
the authorities or institutions from which information is to be sought;
c)
All administrative and budgetary steps to be taken on a preliminary basis;
and
d)
A plan of action to overcome any difficulty which may be identified to carry
out the steps defined in (a), (b), and (c) above, including a defined
deadline.
3.
To request, in accordance with Considering clauses Nos. 29 to 33 supra, that the
State:
a)
Appoint a CNSAFJ officer who, working together with COPREDEH, will, by
March 29, 2010, submit a report establishing: i) the budget available for the
State to move cases involving human rights violations committed during the
armed conflict forward; ii) whether such budget allocation is sufficient to
cover investigation-related needs, particularly those connected to the