6
to contract the services of Equipo Argentino de Antropología Forense, to aid in the
process of exhuming and identifying the victims and gathering forensic evidence.”
The representatives also reported that the State published the excerpts of the
judgment on the merits and on reparations issued by the Court in this case in the
daily “Ultimas Noticias” and in the official gazette, “thus complying with operative
paragraph 5 of the August 29, 2002 judgment on reparations”, and that it deposited
Bs. 136,170,000.00 (one hundred and thirty-six million one hundred and seventy
thousand bolivares) warrant for payment in favor of the Comité de Familiares de las
Víctimas (COFAVIC) of the incidents of February-March, “thus partly complying with
point 10 of the operative section of the judgment on reparations.”
11.
The February 13, 2004 brief with comments by the Inter-American
Commission, in which they referred to the information supplied by the State and they
pointed out that the latter: a) to date has not conducted a serious and effective
investigation to identify and punish the direct perpetrators and masterminds of the
facts of the Caracazo as well as the accessories after the fact; b) has not elucidated
the facts regarding the forced disappearance of the victims, has not established their
whereabouts and has not returned the remains of the victims to their next of kin, if
that were the case; c) to date has conducted no investigation to identify, prosecute,
and disciplinarily, administratively and criminally punish those responsible for the
illegal burial of the corpses in the mass graves of the “la Peste” sector of the
Cementerio General del Sur; has not continued the process of exhumation of the
corpses, which came to a standstill in 1991, and e) has not adjusted the operational
plans to address public order disturbances, nor has it trained its Armed and Police
Forces on the principles of and rules for protection of human rights and on
restrictions to the use of firearms.
12.
The June 11, 2004 note by the State, in which it referred to the status of
compliance with the judgment on reparations and it said that it was sending two
folders with attachments. Said attachments were received on August 11, 2004,
including the certified copies of files No. S-3940 of the Sixth Trial Court of Civil,
Mercantile, and Traffic-related Affairs of the Court Circuit of the Metropolitan Area of
Caracas and No. 58.600 the 11th Courtroom of the Court for Protection of Children
and Adolescents of the Court Circuit of the Metropolitan Area of Caracas, certifying
payment by Venezuela of the compensations ordered in the instant case, as well as
the procedure to deposit the compensations owed to beneficiaries who are minors.
13.
The September 23, 2004 brief by the representatives, in which they filed their
comments on the information submitted by the State (supra Having Seen 12). In
said brief, they pointed out that the State has made efforts to fulfill its obligation to
compensate the next of kin of the victims and has published the excerpts of the
judgments, but they stressed that it is necessary for Venezuela to fully comply with
the other operative paragraphs of the judgment on reparations, such as: a) effective
investigation of the facts and punishment of those responsible; b) identification and
delivery of the remains of the victims to their next of kin; c) implementation of
human rights training of the security forces, and d) adjustment of the operational
plans to address public order disturbances. They also stated that the authorization
by the Venezuelan National Assembly for the National Executive to decree an
additional Bs. 8,918,014,600.00 (eight billion nine hundred and eighteen million
fourteen thousand and six hundred bolivares) loan for payment of the compensations
ordered by the Court in the judgment on reparations was published in the official
gazette on December 4, 2003, and that on January 23, 2004 the State deposited
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