10
38.
That, given the above, the Tribunal finds that the State has fully complied with
this obligation.
*
*
*
39.
That, as regards the creation of a prompt procedure to obtain a declaration of
absence and presumption of death due to forced disappearance (seventh operative
paragraph of the Judgment on reparations), the State noted that it has prepared a bill
for the amendment of Sections 42 and 64 of the Guatemalan Civil Code, governing
absence and presumed death, “that was submitted to the Programa Nacional de
Resarcimiento [National Redress Program], [the] Procuraduría General de la Nación
[Public Prosecutor’s Office] and the Supreme Court of Justice for them to issue a legal
opinion thereon.” Moreover, it noted that, on March 10, 2009, “the Registro Nacional de
Personas [National Civil Registry] filed with the Congress of the Republic of Guatemala a
[b]ill to enact [the] ‘Ley Temporal Especial para la Reposición de Inscripciones
Registrales’ [Special Temporary Law for the Replacement of Registry Records],” intended
to “authorize Civil Registrars in each municipality in Guatemala in order that, acting
under their strict responsibility and at the request of the interested parties, they may
replace any registry records of the marital status and capacity of individuals that have
been misplaced, deteriorated or altered.”
40.
That, at the public hearing (supra Having Seen clause No. 5), the representatives
noted that:
Throughout the written proceedings, the State has reported on various measures or legislative
bills. At first, as was the case with the search for the remains, this was made subject to the
creation of a Comisión Nacional de Búsqueda [National Search Commission] […]. It now
mentions a bill that has not even been submitted to Congress, and another bill that was
submitted earlier this year but bears no connection with the measure of reparation granted by
the Court but, rather, relates to the substitution of records that have been destroyed due to
different reasons and that are entirely unrelated to the creation of a prompt procedure.
Moreover, we are not aware either of the full text of this bill that was allegedly submitted. In
this regard, all we can do is express our deep concern over the State’s failure to comply, not
only with the Judgment, but also with its obligation to timely and fully report on each of the
orders.
41.
That the Commission made no statements in this regard.
42.
That the Court notes that the bill for the amendment of Sections 42 and 64 of the
Civil Code has not yet been submitted to the Legislative Branch for debate and
subsequent enactment purposes. As to the bill for the “Ley Temporal Especial para la
Reposición de Inscripciones Registrales,” the State has failed to explain how it relates to
the measure of reparation ordered by the Court.
43.
That, again, as far as this aspect of the Judgment is concerned, it becomes
necessary for the State to secure effective coordination between the various State
institutions.
44.
That, considering the above, this Court finds it essential for the State to submit
another schedule detailing the steps to be taken, the dates of such steps and the parties
responsible therefor, so that a prompt procedure may soon be created to obtain a
declaration of absence and presumed death due to forced disappearance. For such
purpose, the State shall appoint a representative of the Legislative Branch who, working
together with COPREDEH, shall prepare the aforementioned report.
45.
That, in the Order issued by the President on August 17, 2009 (supra Having
Seen clause No. ¡Error! No se encuentra el origen de la referencia.), it was
confirmed that “according to the information submitted by the State, compliance with
this aspect of the Judgment is currently dependent upon the cooperation of the Comisión
Nacional de Búsqueda and the enactment of the [Ley de la Comisión de Búsqueda de
Personas Víctimas de la Desaparición Forzada y Otras Formas de Desaparición [Law on