122
101. Payments ordered in this Judgment will be exempt from all currently existing
taxes and those that may be established in the future.
102. The representatives of the victims requested of the Court that in case the
mortal remains of Efraín Bámaca Velásquez are not delivered within the six month
term, the State of Guatemala should pay a daily amount until they are effectively
delivered to his next of kin (supra 92). In this regard, when it evaluates the degree
of compliance with these obligations, the Court will adopt the relevant measures at
the appropriate time to ensure compliance with this measure.
103. If the State is in arrears, it will pay interest on the amount owed in
accordance with the moratory interest rate in Guatemalan banks.
104. Finally, the Court orders that the Guatemalan State publicly make amends to
recognize its responsibility in this case and avoid repetition of acts such as those of
the instant case.
105. In accordance with this Court’s case law, the Court reserves the authority to
monitor integral compliance with the instant Judgment. The case will be closed once
the State has faithfully complied with the provisions of this Judgment.
XI
OPERATIVE PARAGRAPHS
106.
Therefore,
THE COURT,
DECIDES:
unanimously,
1.
that the State must locate the mortal remains of Efraín Bámaca Velásquez,
disinter them in the presence of his widow and next of kin, and deliver them, under
the terms set forth in paragraphs 81, 82 and 96 of the instant Judgment.
2.
that the State must investigate the facts that generated the violations of the
American Convention on Human Rights and the Inter-American Convention to
Prevent and Punish Torture in the instant case, identify and punish those
responsible, and publicly divulge the results of the respective investigation, under
the terms set forth in paragraphs 73 to 78 and 87 of this Judgment.
3.
that the State must publish in the Official Gazette and in another daily with
national circulation, once only, the chapter pertaining to the proven facts and the
operative part of the November 25, 2000 judgment on the merits, and to carry out a
public act of recognition of its responsibility in connection with the facts in this case
and to make amends to the victims.
4.
that the State must adopt the legislative and any other measures required to
adapt the Guatemalan legal system to international human rights norms and
humanitarian law, and to fully and effectively enforce said norms under domestic
jurisdiction, pursuant to Article 2 of the American Convention on Human Rights.
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