331. This Court has established that the right of the victims’ next of kin to know the whereabouts of the remains of their loved ones constitutes, in addition to a requirement of the right to know the truth, a measure of reparation and, therefore, gives rise to a correlated obligation of the State to meet this fair expectation. In addition, for the next of kin, it is very important to receive the bodies of those who died in the massacre, because it allows them to bury them in accordance with their beliefs, as well as to close the process of mourning that they have endured all these years.501 In the words of expert witness Yáñez de la Cruz, “certain cultural and social rituals contribute to the mourning process through practices such as the wake, the burial, consolation, all the actions that confirm that the loved will not return”; and these rituals could not be performed with regard to the massacres of El Mozote and nearby places.502 It is also worth underlining that the remains can provide useful information to clarify the facts, because they provide details of the treatment that the victims received, the way in which they were executed, and the modus operandi. Similarly, the place where the remains are found may provide valuable information on the perpetrators or the institution to which they belonged.503 332. The Court considers that, within six months of notification of this Judgment, the State must collect the available information on possible interment or burial sites, which must be protected in order to preserve them so that, following up on the work already undertaken by the Argentine Forensic Anthropology Team, any other action that is necessary in order to exhume and identify other individuals who were executed is initiated systematically and rigorously, with adequate human and financial resources.504 To this end, the State must use all necessary technical and scientific means, taking into account the pertinent national and international standards505 and must endeavor to complete all the exhumations within two years of notification of this Judgment. In this regard, the Court considers that the informed consent of the victims’ families and coordination with them through their representatives is a fundamental element of this process.506 333. If the remains are identified, they must be delivered to the next of kin, after a genetic corroboration of relationship or testing using adequate and suitable methods, as appropriate, as soon as possible and at no cost to the next of kin. The State must also cover the expenses for transportation and burial in accordance with the beliefs of their family.507 Should the remains not be identified or claimed by any next of kin, the State must bury them individually in an acceptable cemetery or place that is known to the communities that were victims of the massacres. A specific identifiable area in this place shall be reserved for their burial with the indication that these are individuals who have not been identified or claimed who died in the massacres of El Mozote and nearby places, with information on the place where the remains were found. 334. To ensure that the individualization of those exhumed is effective and viable, this Court 501 Cf. Case of the Las Dos Erres Massacre v. Guatemala, para. 245. 502 Cf. Expert opinion on psychosocial impacts and recommendations for reparations in the case of “The Massacres of El Mozote and nearby places” provided by María Sol Yáñez De La Cruz, undated (evidence file, tome XVIII, annex 2 to the final written arguments of the representatives, folio 10550). 503 Cf. Case of the Las Dos Erres Massacre v. Guatemala, para. 245. 504 Cf. Joint expert opinion provided by affidavit by Luis Fondebrider, Mercedes C. Doretti and Silvana Turner on April 18, 2012 (evidence file, tome XVII, affidavits, folios 10313 and 10322). 505 Such as those established in the United Nations Manual on the Effective Prevention and Investigation of ExtraLegal, Arbitrary and Summary Executions. 506 Cf. Joint expert opinion provided by affidavit by Luis Fondebrider, Mercedes C. Doretti and Silvana Turner on April 18, 2012 (evidence file, tome XVII, affidavits, folio 10318), and Expert opinion on psychosocial impacts and recommendations for reparations in the case of “The Massacres of El Mozote and nearby places” provided by María Sol Yáñez De La Cruz, undated (evidence file, tome XVIII, annex 2 to the final written arguments of the representatives, folio 10559). 507 Cf. Case of the Las Dos Erres Massacre v. Guatemala, para. 248. 107

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