11
b)
the procedural steps taken as a result of the review of the witness
statements and other procedural documents already produced in the
criminal proceeding conducted between 1992 and 2000, in which year the
Court rendered its Judgment on the merits in the instant case, as well as
any subsequent and relevant documents,
c)
the procedural steps taken as a result of the reevaluation of the criminal
status of the members of the military detachments in which Mr. BámacaVelásquez was reportedly detained in 1992. Such procedural steps should
be based on the determination of institutional codes and units as well as the
respective line of command.
34.
That, thirdly, the State must submit a report on the policies developed so that
the investigation of the Case of Bámaca-Velásquez is conducted so as to take into
account all the evidence from the investigations of other systematic patterns of human
rights violations attributed to the military detachments in which Mr. Bámaca-Velásquez
was illegally detained during 1992.
35.
That, fourthly, within four months, the State must submit the information
requested by the Court regarding the measures adopted to make the required financial
resources available so that the prosecutors and other officers in charge of this case
have the necessary means to conduct the investigation and receive adequate
protection.
36.
That, fifthly, in consultation with the representatives of the victim and his next
of kin, the State must submit, within four months, a global report containing the goals
and mechanisms established for the protection of judicial officers, the victims’ next of
kin or the witnesses. It is the duty of the State to identify ex officio the risk facing any
interested party or person involved in the investigation as well as to handle in a
diligent manner any concerns raised in that regard by the persons involved in the
proceedings. The State must warn every witness about such risk, asses the level of
risk regularly and adopt appropriate measures accordingly.
37.
That the Court understands that such measures require the joint effort of
several authorities. However, it is necessary that, within a period of four months and in
relation to the Bámaca case, specific short, medium and long-term goals are
established regarding compliance with these orders. In addition, the State must ensure
the participation of the representatives of the victim and his next of kin in the criminal
proceeding as well as in the implementation of the measures ordered herein.
*
*
*
38.
That, with respect to the adoption of measures to adapt the Guatemalan legal
system to international human rights and humanitarian law standards, and to
effectively enforce said standards at the domestic level (fourth operative paragraph of
the Judgment on reparations), the State referred to the adoption of the following
measures:
a) the enactment of the “Law on the National Institute of Forensic Science”
(INACIF), as an auxiliary institution of the administration of justice [...] with
national jurisdiction and responsibility for technical expert opinions;”
b) the creation of the “International Commission against Impunity in Guatemala”
(CICIG);