6
15.
That, it should be taken into account that, according to the terms of the
Judgment, in order to effectively comply with this obligation, the State must remove
all the de facto and de jure obstacles that maintain impunity and use all available
means to expedite the investigation and the respective proceedings and thus avoid a
repetition of such serious acts as those examined in the instant case (paragraph 165
of the Judgment). In this regard, in the terms of the general obligation to ensure
rights established in Article 1(1) of the American Convention, Paraguay should adopt
all the necessary diplomatic and judicial measures to prosecute and punish all those
responsible for the violations committed, furthering the extradition requests that are
admissible under domestic law or the pertinent international law by all possible
means (paragraph 166 of the Judgment). Also, to ensure the effectiveness of the
collective guarantee mechanisms established in the Convention, and as has been
declared, Paraguay and the other States Parties to the Convention should collaborate
with each other to eliminate the impunity of the violations committed in this case by
the prosecution and punishment of those responsible, and should collaborate with
each other in good faith, either through the extradition of those responsible or by
prosecuting them on their own territory (paragraph 166 of the Judgment).
16.
That, as indicated in paragraph 184 of the Judgment, the State must inform
the Court, every six months, about the measures adopted regarding the
corresponding investigation and procedures and, particularly about the results, which
remains unfulfilled by the State so far. Furthermore, the State must publicly publish
said results, so that the Paraguayan society is able to know the truth regarding the
facts of the instant case.
*
*
*
17.
That as to the obligation of the State to immediately seek and locate Agustín
Goiburú Giménez, Carlos José Mancuello, Rodolfo Ramírez Villalba and Benjamín
Ramírez Villalba and, if their remains are found, deliver them to their next kin
forthwith and cover the costs of their burial (operative paragraph six of the
Judgment), the State informed that the representative of the Truth and Justice
Commission “proposed to carry out, together with the Inter-Institutional Team and
the victims’ next-of-kin, an exchange of necessary information with the intention to
assist in the location of victims that is being carried out by the expert witnesses.
Furthermore, the State attached a set of official letters issued by different National
Police premises that demonstrate the searching tasks and also confirm that the
disappeared victims have not been located yet.
18.
That the representatives mentioned that “even though it [was] true [that] in
the only meeting of the Inter-Institutional Commission, the need to find the human
remains was discussed, that was an essential issue of the Judgment. Up to the
moment, neither the representatives nor the victims' next- of-kin [have] been called
to hold a meeting to exchange information. Though they acknowledge that the
[r]epresentative of the Truth Commission proposed this aspect, they consid[er] that
it is the State itself, with all its mechanism, [the one] that must search for the
remains of the disappeared people [since] the State acknowledged its responsibility
for the forced disappearance, it is the State itself who has the factual and legal
means to comply with this issue”. Moreover, they noted that the State has the
coercive power to require from a large number of people involved in these situations
to make public the whereabouts of the victims, specially taking into account that
even some of these people are being accused of the same facts. Likewise, they