4
In addition, it recommended to Guatemala that
a.
It accept responsibility for the disappearance, torture and extrajudicial
execution of Efraín Bámaca Velásquez.
b.
It conduct a prompt, impartial and effective investigation into the facts
denounced in order to record in detail, in a duly authenticated, official report, the
specific circumstances in which the crimes against Mr. Bámaca [Velásquez] occurred and
the responsibility for the violations committed, so as to inform the wife of Mr. Bámaca
[Velásquez], Jennifer Harbury, and the other members of his family about his fate and
the whereabouts of his remains.
c.
It adopt the necessary measures to submit those responsible for the violations
to competent judicial proceedings and punish all those responsible for violating human
rights in this case.
d.
It adopt the necessary reforms of the training programs and regulations of the
Guatemalan armed forces so that they conduct military operations in conformity with the
laws and customs applicable to internal armed conflicts.
e.
It compensate the violation of the above-mentioned rights, including payment
of an adequate compensation to the wife of Mr. Bámaca [Velásquez], Jennifer Harbury,
and to the other members of his family.
Lastly, the Commission decided
3.
To transmit this report to the Government of Guatemala and grant it a period of
60 days to put its recommendations into effect. The 60-day period shall commence on
the date of the transmittal of this report, during which time the Government shall not be
authorized to publish it, pursuant to the provisions of Article 50 of the American
Convention.
4.
To submit this case to the Inter-American Court of Human Rights, pursuant to
the provisions of Article 51 of the American Convention, if the Government has not
implemented the Commission's recommendations within the period of 60 days following
the transmittal of this document.
17.
The Commission forwarded this report to the State on April 5, 1996, with the
request that, within a period of 60 days, it should provide information on the
measures adopted to resolve the situation denounced. Although it requested this
period to be extended, the State did not submit the required information.
IV
PROCEDURE BEFORE THE COURT
18.
In accordance with the decision adopted during its 91st session (supra 16),
the Commission filed the application with the Inter-American Court on August 30,
1996 (supra 1). The Court summarizes the facts set out in the application as follows:
a.
Efraín Bámaca Velásquez, known as “Comandante Everardo”, formed
part of the Revolutionary Organization of the People in Arms (hereinafter
"ORPA"), one of the guerrilla groups that made up the URNG; Bámaca
Velásquez led this group's Luis Ixmatá Front.
b.
Efraín Bámaca Velásquez disappeared on March 12, 1992, after an
encounter between the Army and the guerrilla in the village of Montúfar, near
Nuevo San Carlos, Retalhuleu, in the western part of Guatemala.