46
103. Payments ordered in the instant Judgment will be exempt from all currently
existing taxes and from those that may be decreed in the future.
104. If the State were to be in arrears, it will pay interest on the amount owed, in
accordance with the banking interest on arrearages in Guatemala.
105. In accordance with its usual practice, the Court reserves its inherent authority
to monitor comprehensive and complete compliance with the instant judgment. The
case will be closed once the State has faithfully complied with the provisions of the
Judgment. Within a year from the date this Judgment is notified, the State must
submit its first report to the Court on the steps taken to comply with this Judgment.
X
OPERATIVE PARAGRAPHS
106.
Therefore,
THE COURT,
unanimously,
FINDS THAT:
1.
this Judgment is per se a form of reparation, pursuant to paragraph 66 of the
instant Judgment.
AND IT ORDERS THAT:
2
the State must find and deliver the mortal remains of Marco Antonio Molina
Theissen to his next of kin, pursuant to the terms of paragraphs 85 and 98 of the
instant Judgment;
3.
the State must effectively investigate the facts of the instant case, with the
aim of identifying, trying, and punishing the direct perpetrators and masterminds of
the forced disappearance of Marco Antonio Molina Theissen, and the results of this
process must be made known to the public, pursuant to the terms of paragraphs 78
to 84 and 98 of the instant Judgment;
4.
the State must publish within three months from the date of notification of
the instant Judgment, at least once, in the Diario Oficial and in another nationalcoverage daily, both the Section on Established Facts in Chapter V and operative
paragraphs One to Five of the judgment on the merits issued by the Court on May 4,
2004, as well as Chapter VI, entitled Proven Facts, without the footnotes, and
operative paragraphs One to Eight of the instant Judgment, pursuant to paragraph
86 of the instant Judgment;
5.
the State must carry out, in the presence of its high authorities, a public act
of acknowledgment of its international responsibility regarding the facts of this case,
and of amends to Marco Antonio Molina Theissen and his next of kin, pursuant to the
terms of paragraphs 87 and 98 of the instant Judgment;
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