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within the terms established in the Judgment; therefore, the State agreed with the
representatives to extend the term to identify possible victims and next-of-kin until
December 2009 and, in addition, the State mentioned that it published more
announcements than the ones ordered by the Court. In this sense, it pointed out that
in the year 2008, 23 persons showed up, of which 16 already rendered their
statements; that there are other six more statements pending and three more
people need to show up. The statements of the six people would be under evaluation
in order to find out whether they are or are not related to the case. Regarding the
exhumation proceedings carried out, the State informed that it began with the
exhumations in the proceeding of Justice and Peace, with a negative result;
additionally, within the framework of the application of the Justice and Peace Act
[Ley de Justicia y Paz], 84 exhumation proceedings have been conducted, which
were pending verification. At the M.O.S., it was agreed to extend the term
established until December 2009 so that new victims and the victims’ next-of-kin
may show up to be duly identified. Based on the foregoing, the State requested the
Court to declare the obligation to publish the corresponding announcements fulfilled
and it also mentioned that the State is making its best efforts to search for and
identify the victims and next-of-kin.
47.
That the representatives pointed out that, even though there some progress
was made in complying with this measure, the results obtained, that is, the location
of 10 possible next-of-kin of the victims, are still insufficient considering the
dimension of the massacre and the number of victims. In addition, they claimed that
they agreed with the State upon the notifications and concluded that the measure of
reparation does not consist in the publication in itself; otherwise, that this is a
mechanism created to identify, without detriment to the other suitable measures to
that end.
48.
That in the comments prior to the hearing, the Commission emphasized the
lack of effectiveness of the actions taken in relation to the investigation into the facts
and the location and identification of the victims. Furthermore, it valued that the
State has extended the term established in the Judgment and considers it is useful
for the State to present to the Court detailed, systematic and updated information
regarding the people that have been located and identified in order to assess the
progress in the compliance with this measure.
49.
That the Court positively values the activities carried out within the
framework of the M.O.S. to plan, design and publish announcements for the
identification of victims and their next-of-kin. Also, it values the agreement entered
into to extend the terms initially established, as well as the greater number of
announcements made and the effective identification of an important number of
people. In this sense, the Tribunal deems that, as to the form and procedure, the
State has partially complied with what was ordered in the Judgment. Nevertheless,
the exhumation proceedings have showed little results so far and it is reasonable to
consider, in view of the dimension and consequences of the massacre, that there is a
great part of victims and next-of-kin to be identified. In this sense, the Court notes
that close relationship between the compliance with this obligation and the effective
investigation into the facts. Therefore, the Court shall continue monitoring
compliance with this measure and requests the State to refer, in the next report, to
the following:
a) the results of the measures adopted;
b) If the State shall adopt other suitable measures in order to implement them
to that end;
c) specific information on the people who have been located and identified;