113 They also stated that Guatemala must adopt measures of satisfaction to the victims to “guarantee that the violations [they] suffered will not happen again”, and they highlighted the following: a) the holding of a “true criminal proceeding” to put an end to impunity in this case and clarify the facts that were at its origin, by means of a “serious, expedite, impartial, and effective” investigation, based on what was set forth in the November 25, 2000 judgment of the Court, for it to be possible to try and punish the persons responsible. Specifically, it is necessary to “determine the responsibility of the military commanders who ordered these actions, as well as the place where [the] body of Mr. Bámaca [Velásquez] is located”; b) handing over the body of Efraín Bámaca Velásquez to his next of kin due to the specific cultural significance as well as the proven close ties, as a means to repair the “obstructive actions” carried out by agents of the State regarding determination of the whereabouts of the victim – what is called a “strategy of the Guatemalan State to ensure impunity”-. Delivery of the body of Efraín Bámaca Velásquez would help his next of kin to overcome the pain they have suffered. Furthermore, they pointed out the right of the victims, especially Jennifer Harbury, to participate in the steps taken in this regard, for which reason they requested that such steps be duly notified and that she be accompanied in them by forensic staff whom she trusts; c) vindication of the public image of the next of kin of Mr. Bámaca Velásquez, especially that of Jennifer Harbury, by disseminating a message of relief drafted by her, published in the written press, radio and television, the costs of which are to be covered by the State; and d) following the criterion of the Commission (infra 70 e) the representatives of the victims requested that the State adopt the legislative and any other measures required to adapt the Guatemalan legal system to human rights norms and humanitarian law. Arguments of the Commission 70. In its May 8, 2001 brief, the Commission requested that the Court order the State to carry out the following measures of satisfaction and guarantee of non recidivism: a) implementation of the measures required to effectively comply with the obligation to investigate the facts, punish those responsible and make known, publicly, the results of the investigations, so as to put an end to the situation of impunity in connection with this case, which is important both “for the family and for Guatemalan society as a whole”; b) taking all steps required to recover the mortal remains of Efraín Bámaca Velásquez, as a way to “put an end to an aspect of inhuman treatment and denial of justice experienced by the family” and to deliver them for the victim to be buried in a dignified manner, in the place designated by the next of kin for this purpose, as an essential element for reparation of the damages caused by forced disappearance;

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