9
Office of the Special Prosecutor for Forced Disappearances stated that, by a decision of
June 27, 2004, the experts proposed by the families to conduct the work of
anthropological identification of the human remains of 26 individuals had been
accepted, and that the head of the Institute of Forensic Medicine would appoint
forensic experts to take part in these measures as observers. However, the experts
have not been designated and the anthropological identification of the said human
remains has not begun.
27. That, with regard to finding the human remains, the Commission observed that it
acknowledged the progress made in complying with this aspect. By a decision of June
24, 2004, the Office of the Special Prosecutor for Forced Disappearances decided to
deliver the remains that, following examination by the Institute of Forensic Medicine,
corresponded to Norberto Durand Ugarte, together with the death certificate and the
burial voucher. The next of kin of Norberto Durand Ugarte, Virginia Bonifacia Ugarte
and Norberto Durand Vargas were notified; they received the remains on July 5, 2004,
and held a vigil for him and buried him. The Commission considered that the
documentation forwarded was insufficient to determine how the exhumation and the
examination of the osseous remains were carried out in this case and whether they
were in keeping with the international standards in force, because the copy of the
autopsy provided by the State on September 7, 2004, did not include a determination
of the sex, age or race of the osseous remains that were examined, did not mention
whether any DNA testing had been performed, and referred to clothing without
evaluating it. Nevertheless, the Commission considered it significant that Norberto
Durand Ugarte’s parents had acknowledged the remains delivered to them to be those
of their son, and had proceeded to hold a vigil for him and bury him. The Commission
indicated that the State has not presented any new information on measures taken
following the Final Report of the Forensic Identification Team of the Institute of
Forensic Medicine (Criminal Commissions – Frontón case) to comply with the obligation
to find the remains of Gabriel Pablo Ugarte Rivera.
28.
That, based on the above, the Court considers that the State has complied
partially with its obligation to identify the remains of the victims, by identifying the
remains of Norberto Durand Ugarte and delivering them to his next of kin, as
established in subparagraph (d) of the fourth operative paragraph of the judgment.
However, the Court finds that the State must continue taking the necessary measures
to identify the body of Gabriel Pablo Ugarte Rivera and deliver it to his next of kin, and
submit information on any recent measures it has taken, so that the Court can assess
the status of compliance with this aspect.
THEREFORE
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions and in accordance
with Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on Human
Rights, 25(1) and 30 of its Statute, and 29(2) of its Rules of Procedure,
DECLARES:
1.
That, as described in the fifth to eighth considering paragraphs of this Order,
the State has complied totally with the requirement to pay the sum of US$125,000.00
(one hundred and twenty-five thousand United States dollars) to Virginia Bonifacia
Ugarte Rivera de Durand and Nolberto Durand Vargas, parents of Nolberto Durand