9
Inadmissibility of the closing of the investigation in
the present case
2.
Taking into account the domestic judicial decisions mentioned, the
State requested that the Court “[…] consider the efforts made to comply
with the investigation process […] prior to the Constitutionality Court’s
ruling” and “that it issue a decision on the ruling made by the
Constitutionality Court,” “that expands the criterion of the spirit of the
[J]udgment,” “since the ruling of [said Court] prevents the State of
Guatemala from complying” with that ordered by the Inter-American
Court.
14.
The representatives requested that the Court ratify the
“compulsory nature of the judgments […] on the understanding that a
comprehensive part of such judgments are the orders […] to monitor
compliance,” the “general effects of all the Court’s judgments” and “the
extent of the obligation to investigate the forced disappearance” in the
present case. They indicated that, “the recent decisions in the case” are
“irrefutable evidence that there are still mechanisms that prevent” an
“effective progress in the investigation, prosecution, and punishment of
those responsible for these grave violations.” They added that these
decisions “violate regulations that have become jus cogens in nature”
and that “it is absolutely incongruent that on one hand the State
officially presented a position acknowledging responsibility in the
different matters being processed” before the Court and “on the other it
continues, through the actions of its different bodies, to systematically
fail to comply with the reparation measures.”
15.
On its part, the Commission considered that “[…] the judgment of
the Constitutionality Court represents a step back in the compliance with
the Judgment and the international commitments made by Guatemala.”
Likewise, the Commission observed that “[…] the Order of the InterAmerican Court is general in the sense that it orders to “investigate the
facts that generated the violations” and it “covers the domestic
proceedings in their entirety, thus it is not necessary that the Court […]
“express each procedural step the States must take to conduct a
complete and effective investigation.” Additionally, the Commission
16.
Supreme Court of Justice (dossier of monitoring compliance with Judgment, volume II, folios 1131 through
1145).