6
any other dependency, case file […] C-603-96” and “[e]nable the
Public Prosecutors’ Office to intervene, so as to carry out all
investigations and promote the prosecution and criminal
processing so as to effectively determine the people responsible
for the violations” stated by the Inter-American Court “and, if
applicable, facilitate the punishment […] by the competent
jurisdictional body.” The Supreme Court stated that since the
State “was not able to use its domestic [l]aw” or “legislation to
comply with the international judgment,” “its implementing act
has the effect of an extraordinary act of common proceedings,”
reason for which the case file was forwarded to the Court of
Retalhuleu.
d)
Based on this reopening of the investigation, the Public
Prosecutors’ Office “requested that the statement” offered by Mrs.
Jennifer Harbury, wife of Mr. Bámaca Velásquez, “be accepted as a
jurisdictional production of a foretaste of evidence.” The State
manifested that “through the resolution of March 22, 2010,”
issued by the Court of Retalhuleu, “it provisionally accepted” Mrs.
Harbury as an “Adhesive Plaintiff.” The State added, inter alia,
that the Public Prosecutors’ Office has been preparing
“instructions,” a “systematization of statements,” specifying “the
hypothesis that there are around 17 defendants,” and that “[...]
flow charts have been prepared of the chain of command of
soldiers, with which it can be shown which members of the
Guatemalan army participated in the disappearance” of Mr.
Bámaca Velásquez —all of which coincide with the statements
offered by witnesses before the Inter-American System and with
the collaboration of the adhesive plaintiff.” Additionally, the State
informed that the Public Prosecutors’ Office “holds coordinated
meetings with the Plaintiff” to “determine the progress of the
investigation and verify possible places where the exhumations
can take place to locate the remains of Bámaca Velásquez.”
The Court values positively the inter-institutional work of the
“Human Rights Team” and considers that the actions of the Public
Prosecutors’ Office and the Supreme Court are a first step, ten years
after the Judgment on Merits was issued, towards progressing with the
investigations ordered by the Inter-American Court in the present case.
10.
1.2.
Regarding the closing of the investigation