43
2004, as well as Chapter VI entitled Proven Facts, without the footnotes, and
operative paragraphs One to Eight of the instant Judgment.
d)
Public act of acknowledgment of international responsibility and amends to
Marco Antonio Molina Theissen and his next of kin
87.
This Court, in its May 4, 2004 judgment on the merits (supra para. 15),
stated that the acknowledgment of responsibility made by the State is a positive
contribution to the development of these proceedings and to effectiveness of the
principles that underlie the American Convention. The Court also notes that, during
the public hearing held on April 26, 2004, the State expressed its “deep regret for
the facts that occurred to and were suffered by Marco Antonio Molina Theissen and
his family since October 6, 1981” and apologized as “a first expression of respect,
reparation, and guarantees of non-recidivism.” However, for said statement to attain
full effect as reparation for the victims and to serve as a guarantee of nonrecidivism, the Court deems that the State must carry out a public act of
acknowledgment of its responsibility regarding the facts in this case, and of apology
to Marco Antonio Molina Theissen and to his next of kin. High authorities of the State
should attend said act.
e)
Naming of a school
88.
With respect to guarantees of non-recidivism of the facts of the instant case,
the State must name an existing school in Guatemala City, giving it a name that
refers to the children who disappeared during the domestic armed conflict, and must
place a plaque in remembrance of Marco Antonio Molina Theissen at that school. This
will contribute to enhance public awareness to avoid repetition of facts such as those
that occurred in the instant case, and it will keep memory of the victim alive.59
f)
Adoption of legislative, administrative, and other measures
89.
The Court, in its judgment on the merits in the instant case issued on May 4,
2004 (supra para. 15), found that the State had breached Article 2 of the American
Convention to the detriment of Marco Antonio Molina Theissen and his next of kin.
Pursuant to said provision, the States Parties are under the obligation to adopt
legislative or other measures required to make the rights and liberties protected by
said Convention effective.
90.
This Court has also taken into account the pleadings of the Commission and
of the representatives of the victim and his next of kin, the testimony of witnesses
Emma Theissen Álvarez Vda. de Molina (supra para. 30(a)) and Axel Mejía Paíz
(supra para. 30(e)) and of expert witness Alicia Neuburger (supra para. 30(g)), that
in the case of forced disappearance of persons it is extremely important to have a
genetic data bank to enable identification of the missing persons or their remains.
91.
In light of the above, the Court deems that, pursuant to Article 2 of the
Convention, the State must adopt the domestic legislative, administrative, and other
provisions required to establish:
59
See Case of Myrna Mack Chang, supra note 2, para. 286; Case of Trujillo Oroza. Reparations,
supra note 51, para. 106; and Case of “Street Children” (Villagrán Morales et al.). Reparations, supra note
46, para. 103.
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