4
11.
That Mr. Mark Martel pointed out (supra Having Seen clause 5) that the "most
important part of th[e] judgment[s] of the Court is the order to investigate[,]
prosecute and punish the responsible".
12.
That this Tribunal cannot fail to mention that nineteen years have passed
since the occurrence of the events, that the investigation has made little progress
and that the responsible of the violations declared by the Court have not been
punished. Therefore, it is up to the State, through its competent organs, to continue
with the necessary and corresponding investigations. To such end, the Tribunal
points out that the treaty obligations of the States Parties are binding on all State
powers and organs.
13.
That, having regard to the foregoing, the Court considered that this aspect of
the Judgments has not been complied with by the State, thus it decides to continue
monitoring the compliance therein.
*
*
*
14.
That, according to the Operative Paragraph three of the Judgment on the
reparations (supra Having Seen clause 2) the State should have provided the
resources and adopted the other necessary measures for the transfer of the mortal
rests of Mr. Pablo Corado Barrientos and its burial in the place chosen by his nextof- kin.
15.
That the State informed that the mortal rests of Mr. Pablo Corado Barrientos
were buried in the General Cemetery of Verbena on February13, 1988. That, on May
23, 1995, the body of the victim was uncovered in order to be "transferred to the
General Charnel House of the Cemetery because the time fixed by the Cemetery’s
management at the time of the burial has elapsed". That, on March 31, 2006, a slab
in memory of Mr. Corado Barrientos was set up in the General Charnel House of the
Cemetery. That in said act the victim's brother, Mr. Florentino Corado Barrientos,
was present.
16.
That during the hearing held in private regarding the case at hand, the State
submitted a transcript dated November 20, 2007 in which Mr. Florentino Corado
Barrientos said to “be totally in favor of setting up a slab in memory of the victim,
Pablo Corado Barrientos [and] also agreed that the mortal rests remain in that
place".
17.
That the Commission believes it is positive that the State has furnished the
Court the acceptance on the part of Mr. Corado Barrientos’ brother as evidence.
18.
That, by virtue of the foregoing, the Court considers that the State has
complied with the operative paragraph three of the Judgment on the reparations.
*
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*
19.
That, pursuant to the operative paragraph one of the Judgment on the
reparations (supra Having Seen clause 2) the State should have paid to the victims