43
b.ii)
the State should be ordered to comply with the wishes of the
mother of Henry Giovanni Contreras as regards the exhumation of his
mortal remains in order to bury them again in an appropriate place
that she will determine, an act of overwhelming importance in the life
of the family; and
b.iii) the State should be ordered to fully comply with the part of the
judgment that orders an effective investigation into the facts in order
to ensure that violations of this type are not repeated.
The State’s arguments
97.
On this point, the State indicated that:
a)
it shares the Commission’s opinion that pecuniary reparation is only
one of the aspects that should be considered in an “integral reparation.”
Friendly settlements have been undertaken in other cases in which the State
has committed itself to take action on four basic points: financial reparation,
seeking justice, dignifying the victims and strengthening and promoting the
inter-American human rights system. With regard to the Commission’s other
proposals, Guatemala would be prepared to examine them and comment on
them later;
b)
with regard to the homage to the victims and exhumation of the body
of Henry Giovanni Contreras, it requested the Court to omit these issues from
the judgment on reparations and urge the parties to reach an agreement on
the appropriate way to satisfy such claims;
c)
the Government institutions formulated the Plan de Acción a Favor de
los Niños, Niñas y Jóvenes de la Calle, in collaboration with non-governmental
organizations.
It added that it hopes that the executing agency will
implement this plan during the current year; and
d)
it reiterates that the commitment to comply with its obligation to
promote and further the investigations to clarify the cases examined by the
Court or, when appropriate, redirect those that have already been initiated is
of vital importance.
The considerations of the Court
98.
Although, in its judgment on merits, the Court did not find that Guatemala
had violated Article 2 of the Convention, which stipulates that the State is obliged to
adopt “such legislative or other measures as may be necessary to give effect to” the
rights therein recognized, it is clear that this is an obligation that the State must
comply with, merely because it has ratified this legal instrument85. Thus, this Court
considers that, in accordance with the said Article 2 of the Convention, Guatemala
must implement, in its internal legislation, the legislative, administrative or other
measures that are necessary to adapt Guatemalan legislation to Article 19 of the
Convention, in order to ensure that events such as those under consideration are
never repeated. Despite this, the Court cannot establish what such measures should
85
cf. Garrido and Baigorria case. Reparations, supra note 19, para. 68.
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