199. In the reparations agreement, the State undertook to “[r]equest the Guatemalan
Forensic Anthropology Foundation (FAFG) and the National Institute of Forensic Science
(INACIF) to provide information on findings related to the location of Edgar Fernando
García’s remains through the Special Committee […] when appropriate.” The Court
appreciates this undertaking by the State and, therefore, endorses this measure of
reparation, in light of the terms established by the parties in the reparations agreement.
200. Despite this, the Court finds it necessary that the State conduct a serious search
using appropriate judicial and administrative channels, during which every effort is made to
determine the whereabouts of Edgar Fernando García, as soon as possible. This must be
conducted systematically and rigorously, with adequate and appropriate human, technical
and scientific resources and, if necessary, cooperation should be requested from other
States. The family members must be informed of these measures and, when possible, their
presence should be ensured. 285 If the victim is found deceased, his mortal remains must be
returned to his family, as soon as possible, following genetic testing, and at no cost to
them. Furthermore, the State must cover the funeral expenses, as appropriate, in
agreement with the family. 286
C)
Measures
of
integral
guarantees of non-repetition
C.1)
reparation:
rehabilitation,
satisfaction,
Measures of Satisfaction
C.1.a) Publication and dissemination of the Judgment
201. The representatives asked that “the operative paragraphs of the Judgment delivered
by the Court be published in both the official gazette, and a specific national newspaper with
widespread circulation.”
202. In the reparations agreement, the State undertook “to comply with the publications
requested [by the representatives] within two months of the Court’s decision.”
203. The Court assesses positively the willingness of the State to comply with the
representatives’ request, and therefore endorses this measure as it was agreed. The State
must also include in the publications the mention that the complete text of this Judgment
will be available on the Court’s web page.
C.1.b) Public act of acknowledgment of international responsibility
204. The representatives asked that the State make a public apology to the family of
Edgar Fernando García and, to this end, they asked that “the President of the Republic of
Guatemala, on behalf of the State, acknowledge responsibility for the facts and apologize to
the family, [in a] ceremony to be held at the National Palace of Culture.”
205. In the reparations agreement, the State indicated that “it is willing to acknowledge
responsibility and apologize to the family for the violations and harm resulting from the
forced disappearance of Edgar Fernando García in a public ceremony to be held at the
285
Cf. Case of Contreras et al. v. El Salvador, supra, para. 191, and Case of González Medina and family
members v. Dominican Republic, supra, para. 290.
286
Cf. Case of Anzualdo Castro v. Peru, supra, para. 185, and Case of Nadege Dorzema et al. v. Dominican
Republic, supra, para. 253.
69