65
the obligation to make reparations,250 the Court shall now address the requests for
reparations made by the Commission and the representatives, as well as the State’s
arguments in that regard, so as to establish the measures required to redress those
violations.
B) Obligation to investigate the facts and identify, prosecute, and
punish those responsible
B.1)
Full investigation, determination, prosecution, and punishment of all
perpetrators and masterminds
229. Both the Commission and the representatives requested the Court to order the
State to perform a special, rigorous, impartial, and effective investigation on the
truth of the facts of massacre, as well as to adopt the legal and administrative
measures necessary to locate, prosecute, and punish the masterminds and
perpetrators of the facts of the massacre, and requested the adoption of the
measures necessary so that amnesty provisions contrary to the American Convention
are not applied. On the other hand, the representatives considered necessary for
those investigation measures to be applied with regards to: a) all participants in the
facts of the massacre of the Las Dos Erres community; b) those responsible for the
different acts of intimidation and harassment against the different individuals
involved in the investigations, and c) those responsible for the irregularities
committed in the judicial proceedings. Additionally, the representatives requested the
State to conclude the proceeding established in the LRN and to continue the existing
criminal proceeding.
230. In this regard, the State recognized the unjustified delay in justice. However,
it requested the Court to value its efforts, such as the identification of 20 allegedly
responsible individuals and the arrest warrants against 17 of them.
231. In this judgment the Court has established, in conformity with the State’s
recognition of international responsibility and the declaration of the violation of
Articles 8(1) and 25(1) of the Convention, that the investigation carried out in the
instant case has not constituted an effective remedy to guarantee the victims’ true
access to justice, within a reasonable term, and encompassing an elucidation of the
facts, investigation, pursuit, arrest, prosecution, and eventual punishment of all
those allegedly responsible for the massacre, so as to fully and thoroughly examine
the multiple infringements caused on the inhabitants of the Las Dos Erres community
because of the facts. This investigation has not been performed seriously or
exhaustively, nor free of obstacles and irregularities (supra para. 152 and 153).
232. As in other cases,251 the Court values the publication of a report by the CEH,
Guatemala: Memory of Silence, which includes the case of the Las Dos Erres
Massacre, as an effort which has contributed to the search for and determination of
the truth on a historical period in Guatemala. Nevertheless, the Court deems it
pertinent to note that the “historical truth” contained in this report does not complete
or substitute the State’s obligation to establish the truth and ensure the judicial
250
Cf. Case of Velásquez Rodríguez, Reparations, supra note 242, para. 25 to 27; Case of Garibaldi
v. Brazil, supra note 23, para. 151, and Case of Dacosta Cadogan v. Barbados, supra note 28, para. 95.
251
Cf. Case of La Cantuta v. Peru, supra note 234, para. 223 and 224, and Case of Anzualdo Castro
v. Peru, supra note 28, para. 180.
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