39
a)
investigate the facts
the violations, specifically
identified, and they asked
investigation are positive,
amnesty;
to identify, try, and punish those responsible for
those members of the armed forces who are
the Court to order the State, if results of the
not to apply the statute of limitations or any
b)
strive to establish the whereabouts of the victim and if he is dead, to
ensure decent burial in accordance with the family’s customs and beliefs;
c)
publish the judgment on the merits issued by the Court on May 4,
2004, together with the instant Judgment, in the Diario Oficial, on the State’s
Internet site, in two national dailies, in the Diario Oficial de las Fuerzas
Armadas de Guatemala, and on the national ratio station (Radio TGW) three
times and on a high audience schedule;
d)
create a “Missing Children Museum Hall” honoring the memory of the
children who were victims of the armed conflict, and specifically that of Marco
Antonio Molina Theissen;
e)
build or designate a public square in Guatemala City named in
remembrance of the victim;
f)
conduct an official public ceremony attended by high government
authorities, including representatives of the Guatemalan Army, acknowledging
State responsibility for the facts and apologizing to the victim’s family;
g)
decree a national day in remembrance of the missing children who
were victims of the domestic armed conflict, a day that must be agreed upon
previously with the victim’s next of kin and their representatives;
h)
include human rights education courses and training materials in the
syllabi of formal primary, secondary, and college education, on the causes,
the development, and the consequences of the armed conflict, especially with
respect to the missing children. The State must include them in the syllabi of
training schools for Guatemalan public security (military and police) forces;
i)
issue a statement and carry out actions to ensure legal, political, and
material support for the Comisión Nacional de Búsqueda de la Niñez
Desaparecida;
j)
establish a genetic data bank to enable identification of the remains of
missing persons; and
k)
draft and submit to Congress, through establishment of a consensus
body with the Comisión Nacional de Búsqueda de la Niñez Desaparecida and
other civil society groups, a comprehensive bill in accordance with Article 2 of
the American Convention. For this, it is necessary to take into account:
k(i)
the establishment of a legal mechanism to declare absence due
to forced disappearance, for purposes of parentage and other related
civil effects; and
k(ii)
the law must provide the measures required to review adoption
processes authorized since 1982, including the files of the Courts and
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