63 hearing, the Commission added that “a central and essential component of [the] reparation is that justice should be done, that there should be investigation and punishment” and, with regard to the caso sub judice, it is important that the State take some action against the 27 persons accused in the domestic sphere. Lastly, the Commission observed that the State had taken no action with regard to the assassinations of the witnesses related to the case. 195. The Commission also indicated that the State should establish and guarantee the operation of a register of detentions. This register should include: identification of those detained, reason for the detention, competent authority, hour of entry and of liberation, and information on the arrest warrant. 196. Moreover, the Commission requested the State to provide the necessary resources to locate, exhume and transfer the remains of Pablo Corado Barrientos to the village where his family lives in the Department of Jutiapa. The State’s arguments 197. Guatemala recognized that State officials “failed to conduct an exhaustive and impartial investigation”; however, it indicated that it is holding discussions with the petitioners with a view “to undertaking actions in order to reopen the pertinent judicial proceedings, in those cases where there are no antecedents and/or rechannel those that have already been opened when the State of Guatemala has omitted an adequate judicial investigation.” It also expressed its agreement to providing reparations of a “pecuniary or other nature in those cases that merit this,” such as “a public declaration of reprobation for practices that violate human rights, the recovery of the memory of the victims, the investigation into the facts that led to the human rights violations and the prosecution of those who are found responsible for these regrettable facts.” The considerations of the Court 198. The American Convention guarantees access to justice to all persons in order to protect their rights and it is the obligation of the States Parties to prevent, investigate, identify and punish the authors of human rights violations and their accomplices41. 199. In accordance with the sixth operative paragraph of the judgment on merits delivered on March 8, 1998, the State of Guatemala must conduct an effective investigation to identify the persons responsible for the human rights violations declared in this judgment and punish them, when appropriate. The Court has stated that the obligation concerning the guarantee and effectiveness of the rights and freedoms established in the Convention is autonomous and differs from the obligation to repair. This is because, while the State is obliged to investigate the facts and punish those responsible, the victim or, in his absence, his next of kin may waive the measures available to them to repair the damage caused42. In brief, the State that leaves human rights violations unpunished violates its obligation to 41 Cf. Blake case, Reparations, supra note 21, para. 61; and Loayza Tamayo case, Reparations, supra note 2, para. 168. 42 Cf. Garrido and Baigorria case, Reparations, supra note 22, para. 72.