2

1.
That the State ha[d] complied fully with the following operative paragraphs of the
judgment on reparations:
a)
organization, in the presence of its senior authorities, of a public act to
acknowledge its international responsibility in relation to the facts of this case and to
make amends to Marco Antonio Molina-Theissen and his next of kin (fifth operative
paragraph of the judgment on reparations);
b)
designation of an existing educational center in the city of Guatemala with a
name that refers to the children who disappeared during the domestic armed conflict and
placement of a plaque in remembrance of Marco Antonio Molina-Theissen (sixth
operative paragraph of the judgment on reparations);
c)
payment of the amounts established for compensation for pecuniary and nonpecuniary damages (ninth and tenth operative paragraph of the judgment on
reparations); and
d)
payment of the amount established for costs and expenses in the domestic
proceedings and in the international proceedings before the inter-American system for
the protection of human rights (eleventh operative paragraph of the judgment on
reparations).
2.
That it w[ould] keep open the procedure to monitor the compliance of those aspects
pending compliance in the instant case, to wit:
a)
finding and delivering 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, prosecute and
punish the masterminds and perpetrators 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).

4.
The Order of the President of the Court (hereinafter, “the President”), whereby
she asked the Republic of Guatemala (hereinafter, “the State” or “Guatemala”), the
representatives of the victims (hereinafter, “the representatives”) and the InterAmerican Commission on Human Rights (hereinafter, “the Commission” or “the InterAmerican Commission”) to a private hearing, in order for the Court to obtain information
from the State as regards compliance with the Judgment on reparations delivered in the
instant case, and for it to receive the observations of the Inter-American Commission
and the representatives on the subject.
5.
The private hearing held at the seat of the Court on October 1, 2009 from 9:00
a.m. to 10:30 a.m.1 The State submitted certain documents during the hearing.
CONSIDERING:
1.
That monitoring compliance with its decisions is a power inherent in the
jurisdictional functions of the Court.
2.
That Guatemala has been a State Party to the American Convention on Human
Rights (hereinafter, “the American Convention”) since May 25, 1978, and it accepted the
compulsory jurisdiction of the Court on March 9, 1987.

1

In conformity with Article 6(2) of the Rules of Procedure, to hold the hearing the Court used a
commission of judges made up of Judge Sergio García-Ramírez, Judge Leonardo A. Franco and Judge Rhadys
Abreu-Blondet. The hearing was attended by: a) on behalf of the Inter-American Commission: Lilly Ching; b)
on behalf of the victims and the representatives: Lucrecia Molina-Theissen, for the Molina-Theissens, and
Marcela Martino, Gisela De León, Annette Martínez, Fátima Mena, Carlos María Pelayo-Moller and Nancy Marín,
for Centro por la Justicia y el Derecho Internacional [Center for Justice and International Law] (CEJIL), and c)
on behalf of the State of Guatemala: Delia Marina Dávila-Salazar, Agent, and María Elena de Jesús RodríguezLópez, Deputy Agent.

Select target paragraph3