5
17.
That the Commission appreciated “compliance with this State obligation, in
particular, considering its positive impact on the moral reparation for the next of kin.”
*
*
*
18.
That the Court considers it essential that the State submit updated information
on the following elements pending compliance:
(a)
Finding and delivering the mortal remains of Marco Antonio Molina
Theissen to his next of kin (second operative paragraph of the judgment on
reparations);
(b)
Investigation into the facts of this case in order to identify, prosecute
and punish the masterminds and perpetrators of the forced disappearance of
Marco Antonio Molina Theissen (third operative paragraph of the judgment on
reparations);
(c)
Publication of paragraphs 40(7) to 40(19) of the judgment on merits
(fourth operative paragraph of the judgment on reparations)
(d)
Establishment of a prompt procedure to obtain a declaration of
absence and presumption of death due to forced disappearance (seventh
operative paragraph of the judgment on reparations), and
(e)
Adoption of such legislative, administrative or other measures as may
be necessary to establish a genetic information system (eighth operative
paragraph of the judgment on reparations).
19.
That the Court will consider the general status of compliance with the judgment
on reparations (supra Having seen paragraph 2), when it receives the pertinent
information on the elements of reparation that are pending compliance.
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 the State has complied fully with the following operative paragraphs of the
judgment on reparations:
(a)
Organization, in the presence of its senior authorities, of a public act
to acknowledge its international responsibility in relation to the facts of this
case and to make amends to Marco Antonio Molina Theissen and his next of
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