responsibility (supra Chapter III), the considerations on the merits, and the violations of the
American Convention declared in the preceding chapters.
A)
Injured Party
192. The Court reiterates that, in the terms of Article 63(1) of the Convention, the injured
party is considered to be those declared a victim of the violation of any right recognized in
this instrument. Thus, the Court considers that Edgar Fernando García and the members of
his family, Nineth Varenca Montenegro Cottom, Alejandra García Montenegro and María
Emilia García are the “injured party” and, as victims of the violations declared in Chapters
VIII-1, VIII-2 and VIII-3, they will be considered the beneficiaries of the reparations
ordered by the Court.
B)
Obligation to investigate the facts that gave rise to the violations and
to identify, prosecute and, as appropriate, punish those responsible, as well
as to determine the whereabouts of the victim
B.1) Obligation to investigate the facts, and to identify, prosecute
and, as appropriate, punish the perpetrators and masterminds
193. The Commission asked the Court to order the State to “[c]omplete, within a
reasonable time, the investigation to identify, prosecute, and punish all the perpetrators and
masterminds of the human rights violations committed against the victims in this case.” The
representatives acknowledged the progress and efforts made in relation to the search for
justice. Nevertheless, they asked the Court to order the State to “continue the
investigations in order to identify all the perpetrators and masterminds of the forced
disappearance,” and to undertake to inform the family members about the progress of the
investigation every three months.
194. In the reparations agreement, the State undertook to “continue […] promoting the
investigation of the case through a Special Committee composed of the Public Prosecution
Service, the Judiciary, the Ombudsman’s Office, and the representatives of the petitioners,
to be convened by the Presidential Commission for Coordination of the Policy of the
Executive on Human Rights (COPREDEH), which will meet every six months to inform the
family and the representatives about the progress made.”
195. The Court assesses positively the willingness shown by the State to advance the
investigation into the events of this case (supra para. 194). The Court also appreciates the
commitment made by Guatemala to create a Special Committee composed of various
entities and therefore, endorses this measure, in the terms of the reparations agreement.
196. Taking into account this commitment made by the State, as well as the conclusions
reached in Chapter VIII-2, the Court recalls that the State must continue and conclude, with
the greatest diligence, all necessary investigations to determine and, as appropriate, punish
all the other perpetrators and masterminds of the forced disappearance of Edgar Fernando
García. This obligation must be fulfilled within a reasonable time in order to establish the
truth of the events, bearing in mind that more than 28 years have passed since his
disappearance. In particular, the State must ensure that the following criteria are observed:
a)
It must continue, and conclude the pertinent investigations in relation to the
facts of this case so that the investigations and the proceedings are conducted taking
into consideration the complexity of the facts and the context of systematic human
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