7
pointed out that the Truth and Justice Commission has a finite existence and
budgetary problems that makes impossible for the Commission to fulfill its role.
19.
That the Commission pointed out that the information submitted by the State
does not show that specific measures aimed at complying with this obligation have
been adopted. Furthermore, it mentioned that the State has at its disposal a series
of mechanisms to collect information that would allow the location of the victims'
remains, among them, the corresponding criminal investigation and the steps that
the Truth and Justice Commission can take.
20.
That the Court values the will expressed by the State to comply with this
issue, specially, the importance of counting with the participation of the next-of-kin
and that the Truth and Justice Commission also adopts measures. Nevertheless, it
does not spring from the information received, that all the possible measures have
been adopted according to the possible, foreseeable and specific results or, at least,
meaningful progress, which this Tribunal needs to monitor. Therefore, it is necessary
for the State to forward up-dated information on the compliance with this measure of
reparation and on the specific steps taken to search and identify the disappeared
victims.
*
*
*
21.
That as to the duty of the State to organize, within six months, a public act
acknowledging responsibility and in reparation (operative paragraph seven of the
Judgment), the State pointed out that, in accordance with the decision made during
the Meeting of the Inter-Institutional Working Team, the National Ministry of Foreign
Affairs is working, together with the Ministry of Interior, in order to comply with the
decision ordered in said paragraph.
22.
That the representatives mentioned that this would be "maybe the issue that
mostly shows the lack of political will of the State to [comply with] the Judgment of
the Inter-American Court, since said [p]ublic act would demonstrate an
acknowledgement before the Paraguayan society that the State is not willing to
admit at the moment". Besides, the Commission urged the State to adopt specific
measures aimed at fulfilling this obligation through corresponding collaboration and
duly participation of the victims' next-of-kin.
23.
That the Court observes that there is a delay in the compliance with this
obligation, inasmuch as the term fixed to such end was of six months as from notice
of the Judgment. The Tribunal recalls the importance for the State to comply with
this measure of reparation, given the real symbolic value that the same has as a
guarantee of non-repetition of such serious facts in the future.
*
*
*
24.
That as to the obligation of the State to publish once, within six months, in
the official gazette and in another newspaper with widespread national circulation,
the pertinent parts of the Judgment (operative paragraph eight of the Judgment),
the State informed that the pertinent parts of the Judgment have been published in
the Official Gazette on May 11, 2007 and it also mentioned that steps are being
taken in order to fully comply with this obligation.