8
case, identify and, as the case may be, punish the responsible parties. The State is to
submit a schedule listing all steps to be taken, including the potential dates thereof and
the institutions or persons in charge of them. In such schedule, the State shall even note
the administrative and budgetary steps to be taken prior to any investigative action, and
identify the problems detected to investigate the case, as well as a plan to address such
difficulties within a defined deadline.
26.
That, specifically as regards the finding of the remains, the State is required to
try to overcome any obstacles set up by the perpetrators of the forced disappearance, as
well as those appearing as a result of the mere lapse of time. For such purpose, it must
ensure that those security forces that may have information, the investigators, justice
operators and forensic technicians will share information, work in a coordinated manner
and follow specific plans of action. Such plans of action are to be included in the
schedule referred to in the preceding paragraph.
27.
That the Court is aware that the preparation of said schedule is a complex task
that calls for cooperation between various state institutions. Accordingly, and assuming
that the State will submit all the detailed planning in a clear, exhaustive manner, it is the
Tribunal’s decision to set a period of four months as from the notification of this Order
for the State to do so.
28.
That, in order to fulfill this task, the State will have to keep closely in mind the
suggestions and requests made by the victims or their representatives, for which
purpose it is to keep a smooth flow of communication with them. In this regard, the
Court would like to emphasize the fact that, concerning any measure of reparation,
including the search for justice, States are not only required to try to ensure that the
reparation is effective, but they are also required to make sure that the dignity of those
who are the intended beneficiaries of the reparations is safeguarded. States are required
to ensure that all steps taken serve their reparatory role and that they do not translate
into – or are not perceived by the victims as – the mere fulfillment of State obligations.
Compliance with the orders of reparation issued by this court is not a concession made
by the State towards the victims; it is a right of the latter that is to be promptly and
respectfully satisfied, for which purpose smooth communication between those in charge
of complying with the reparations and the beneficiaries of the measures is essential.
*
*
*
29.
That the State reported that Comisión Presidencial Coordinadora de la Política del
Ejecutivo en Materia de Derechos Humanos [Presidential Coordination Commission for
the Executive’s Human Rights Policy] (COPREDEH), the institution which the State
Agents in the instant case are members of, “is a member of Comisión Nacional para el
Seguimiento y Apoyo al Fortalecimiento de la Justicia [National Follow-Up and Support
Commission for the Strengthening of Justice] (CNSAFJ),” the main function of which
consists in “devising and processing such proposals and recommendations as it may
deem appropriate for and conducive to the integral improvement of the Justice System
in Guatemala,” and guaranteeing the “human rights and obligations of all persons.”
30.
That, according to the information that was submitted to this Tribunal, the instant
case is not being considered by CNSAFJ.
31.
That the Court finds it essential for the State to have this case incorporated, as
soon as possible, into the studies and actions carried out by CNSAFJ.
32.
That, with a view to furthering the institutional coordination referred to in the
above paragraphs, facilitating the preparation of the schedule required in this Order
(supra paras. 25 and 26) and moving the investigation of the facts of the instant case
and the search for the remains of Molina-Theissen forward, the State shall:
a)
Appoint one CNSAFJ officer who, working together with COPREDEH, shall,
within four months following notification of this Order, submit a report