10
applicable, the State shall deliver the mortal remains. Otherwise, the State shall inform this
Court about any data required, different from those provided by the next of kin, as well as
the reasons why such data are required, in order to start the exhumation process.
27.
That the State shall carry out the exhumation and identification process and the
delivery of the mortal remains rigorously, by competent, independent and impartial
professionals, using the most appropriate techniques and instruments to that end.22 The
above is essential not only for the exhumation and identification of the bodies but also in
order to obtain the necessary evidence for the investigation and further punishment of
those responsible for this crime.
28.
That the State must inform about any specific measures adopted for the effective
progress of the exhumation and identification of the bodies of José León Ayala Gualdrón and
Edgar José Peña Marín, including the measures regarding the necessary economic resources
for the attorneys and other officials in charge of this case in order to provide them with the
necessary means to carry out the exhumation and identification process. Thus, and
following the State’s commitment (supra Considering clause 23), the exhumation and
identification process and, if applicable, the delivery of the victims’ bodies shall be carried
out in 2010.
*
*
*
29.
That as regards to the obligation to adapt, within a reasonable time, its domestic
legislation according to the terms of the American Convention (operative paragraph 9 of the
Judgment), the State informed that on July 23, 2007 “it meant to adapt its juridical
framework […] by approving the Organic Code of the Penitentiary System to unify the
legislation in force governing this matter in a separate manner.” Independent of this, the
State underscored that Venezuela “abides by a [C]onstitution enshrining all civil and political
rights[,] it has a very new national police law [whose] rules are in accordance with the most
modern human rights legislation […] [and above all] the restrictive use of force[,] it has a
[very modern] criminal procedural code recently amended and […] a new organic law
governing the Attorney General which has been in force for over a year and [whose] Article
39 […] establishes, inter alia[,] the attorneys’ obligations […] regarding the specific
protection of the procedural penitentiary system.”
30.
That according to the representatives, “the President of the Republic[,] although he
is fully empowered to that end, has not issued any decree-law for the organization and
operation of the penitentiary system and there was no public official information available
either that the National Assembly has included any legislative initiative on its agenda for
2009 regarding [the obligation to adapt the corresponding domestic legislation].” For the
representatives, the State makes “reference to constitutional precepts according to which it
acknowledges the [State’s] obligation to secure the normal and effective operation of the
penitentiary system”, when in fact “there is lack of specific information about the process to
adapt the rules, following the ambits and terms in the Judgment.”
31.
That for the Commission, “the only information [from the State] is limited to the
unification of the penitentiary code”, although the Court’s order regarding adapting the rules
22
Cf. Case of Juan Humberto Sánchez V. Honduras. Interpretation of Judgment of Preliminary Objection,
Merit and Reparations. Judgment of November 26, 2003. C Series No. 102, para. 127; Case of Caracazo V.
Venezuela. Monitoring Compliance with Judgment. Order of the Court of September 23, 2009, considering clauses
11 to 13, and Case of Garibaldi, supra note 16, para. 115.