6
resources and adopt the necessary measures to transfer the mortal remains of Henry
Giovanni Contreras and their subsequent interment in the place chosen by the next
of kin, the Commission indicated that the measure adopted by the State to arrange a
commemorative gravestone in memory of Henry Giovanni did not correspond to the
terms of the judgment. The Commission recognized the efforts made by the State to
designate an educational center with a name allusive to the victims in this case and
the placing of a plaque with their names. Lastly, the Commission expressed its
concern, because since the delivery of the judgment on reparations, “despite the
evidence and the detailed information resulting from the proceedings both before the
inter-American system and the domestic courts, those responsible for the different
violations established [in the judgment of the Court] had not been punished, either
through criminal proceedings for some of them, or administratively for others.”
13.
The comments of the representatives of the victims’ next of kin of November
14, 2003, indicating that the State had complied fully with the judgment on
reparations as regards the designation of the educational center with a name allusive
to the young victims in this case; that it had complied partially with the financial
reparation ordered, even though Gerardo Adoriman Villagrán Morales, beneficiary of
the said reparation had still not been found, so that the State had had to deposit the
corresponding amount in a current account in his name in a solvent banking
institution. Moreover, the representatives considered that the State had complied
partially with its obligation to adapt its domestic legislation on child protection,
because on July 19, 2003, the Integral Protection of Children and Adolescents Act
had entered into force, which, according to non-governmental organizations working
in this area, “made substantial progress on the issue, improving the legal status of
many girls, boys and adolescents, and generating changes in the structure of the
institutions that would monitor compliance with the Act, by creating the Office of the
Public Defender of Children and Youth, the Office of the Prosecutor and Courts
specializing in children and adolescents, and Courts for adolescents in conflict with
the criminal legislation.” The representatives advised that the State was in total
non-compliance with the substantial matters of investigation and punishment of
those responsible in this case, and that the information forwarded by the State in its
last report was totally outdated, because it dated from February 1997. They
therefore requested the Court to urge the State “to provide updated information on
the investigations that were being conducted or would be conducted, the procedural
and legal difficulties faced in order to comply fully with the judgment, the authorities
responsible and the material and logistic resources assigned to their work, and
details of the judicial proceedings, testimony, investigation orders and all other
measures carried out, since the judgment on reparations, to overcome the impunity
that existed in this case.” Lastly, with regard to the interment of the remains of
Henry Giovanni Contreras, the representatives of the victims’ next of kin expressed
their disagreement with the criteria and interpretation of the State, in view of which,
it should be considered that the sixth operative paragraph had not been complied
with.
14.
The note of the Secretariat of November 18, 2003, in which, on the
instructions of the President, it requested the State to present information on the
measures it had taken to comply with the provision in the judgment on reparations
that it should pay US$3.000,00 (three thousand United States dollars) for nonpecuniary damage to Gerardo Adoriman Villagrán Morales. The State was granted
until November 27, 2003, with no possibility of extension, to provide the information.
CONSIDERING: