7 I am perfectly aware of the climate of impunity [in Guatemala] and how there is a judicial entity – and what I am about to say is a strong accusation – that acts in complicity from the top down, subject to very few and brave exceptions. A judicial system that turns a blind eye to a state of affairs that continues to endorse the safety of an Army which, back then, was made up of criminals. And I apologize if my words seem too strong, but I think they are not even enough. For criminals who are peacefully at their homes […] dying unpunished. […] I want a fair trial and I want to see punishment. I want a civilized judicial proceeding. I want a proceeding where everyone in Guatemala, both people and institutions, will come together to put an end to a situation that has destroyed my country and is keeping our nation down […], dragging along that trail of disrespect, of illegality, of traps, of extermination, of the worst atrocities to be heard of in this small corner of the world that is Central America. If we continue to drag this trail on, then how can we possibly expect to set up a democratic nation that is respectful of human rights over a past which is no past at all, which is very much present. Very much present in the pain and the tragedy that continue to haunt each and every one of the human beings who were lucky or unlucky enough to be born in this country. I would like for the State to become committed, and for its lady representatives, who I hold in great esteem, to carry my voice, to carry the Court’s voice too, and I wish that would help cheer them on to fight for those changes that are necessary in order for it to be possible for them to act more firmly, more emphatically, in the case of my brother and in other cases that we, being the family of a disappeared child, also keep very much in mind. Specifically, I would like to ask that, in order to search for and locate my brothers’ remains, a work team be clearly established to independently investigate, a team that will not depend […] upon a law, […] upon a judicial investigation process, to be able to get results in the shortest time possible, about what happened to my brother, […] where his remains are and, hopefully, to get them back. I would like for that work team to be given sufficient resources and authority for it to be able to ask the Army for the information. […] We would like, and I am ending on this note, we would like to be met with more than just words. They no longer offer us any consolation. 22. That the search for and delivery of the remains and the subsequent investigation into what happened does, in addition to allowing the next of kin of the disappeared victim to get closure and mourn, ease the way towards justice being served. The remains are evidence of what happened and they provide details of the treatment the victim was given, the manner in which he was executed, the modus operandi and the efforts made to secure a successful cover-up. Even the site where the remains are found can provide valuable information concerning the perpetrators or the institution they belonged to, particularly where the place concerned is a clandestine cemetery or a burying pit located on state premises. 23. That, in cases such as the instant case, the fulfillment of the obligations to serve justice, uncover the truth and deliver the victim’s remains to the next of kin who have searched for them for so long gives meaning to the rest of the measures of reparation and defines the true dimension of the State’s commitment towards the international human rights treaty to which it is a party. 24. That, when judgment is passed after the international proceedings come to a close, it is necessary for the State to avoid the recurrence of the conducts that led to the lawsuit. The judgment and the reparations ordered therein should provide a new framework and a new vision that will allow an effective, timely overcoming of the problems detected. It is for this reason that the Court has added to its list of reparations – in the broadest sense of the word – various measures intended to avoid the repetition of the facts that constitute the court-declared violations (guarantees of non-repetition), as well as other domestic-law measures intended to encourage the changes required to bring the domestic law in line with the rules of the American Convention. In this regard, it is essential that all State agencies and institutions cooperate with each other, both by providing information and by taking such steps as may be within each one’s purview under the domestic law, to comply with such reparations. 25. That, based on the above, the Tribunal finds it essential for the Sate to take concrete measures to promptly and fully comply with its obligations to locate the mortal remains of Marco Antonio Molina-Theissen and to investigate the facts of the instant

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