responsibility (supra Chapter III), the considerations on the merits, and the violations of the American Convention declared in the preceding chapters. A) Injured Party 192. The Court reiterates that, in the terms of Article 63(1) of the Convention, the injured party is considered to be those declared a victim of the violation of any right recognized in this instrument. Thus, the Court considers that Edgar Fernando García and the members of his family, Nineth Varenca Montenegro Cottom, Alejandra García Montenegro and María Emilia García are the “injured party” and, as victims of the violations declared in Chapters VIII-1, VIII-2 and VIII-3, they will be considered the beneficiaries of the reparations ordered by the Court. B) Obligation to investigate the facts that gave rise to the violations and to identify, prosecute and, as appropriate, punish those responsible, as well as to determine the whereabouts of the victim B.1) Obligation to investigate the facts, and to identify, prosecute and, as appropriate, punish the perpetrators and masterminds 193. The Commission asked the Court to order the State to “[c]omplete, within a reasonable time, the investigation to identify, prosecute, and punish all the perpetrators and masterminds of the human rights violations committed against the victims in this case.” The representatives acknowledged the progress and efforts made in relation to the search for justice. Nevertheless, they asked the Court to order the State to “continue the investigations in order to identify all the perpetrators and masterminds of the forced disappearance,” and to undertake to inform the family members about the progress of the investigation every three months. 194. In the reparations agreement, the State undertook to “continue […] promoting the investigation of the case through a Special Committee composed of the Public Prosecution Service, the Judiciary, the Ombudsman’s Office, and the representatives of the petitioners, to be convened by the Presidential Commission for Coordination of the Policy of the Executive on Human Rights (COPREDEH), which will meet every six months to inform the family and the representatives about the progress made.” 195. The Court assesses positively the willingness shown by the State to advance the investigation into the events of this case (supra para. 194). The Court also appreciates the commitment made by Guatemala to create a Special Committee composed of various entities and therefore, endorses this measure, in the terms of the reparations agreement. 196. Taking into account this commitment made by the State, as well as the conclusions reached in Chapter VIII-2, the Court recalls that the State must continue and conclude, with the greatest diligence, all necessary investigations to determine and, as appropriate, punish all the other perpetrators and masterminds of the forced disappearance of Edgar Fernando García. This obligation must be fulfilled within a reasonable time in order to establish the truth of the events, bearing in mind that more than 28 years have passed since his disappearance. In particular, the State must ensure that the following criteria are observed: a) It must continue, and conclude the pertinent investigations in relation to the facts of this case so that the investigations and the proceedings are conducted taking into consideration the complexity of the facts and the context of systematic human 67

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