-6-
A Commission of Verification and Follow-up shall monitor compliance with each of the agreed
upon provisions, and submit a written report to the Commission twice a year. [(emphasis added)]
13.
That according to the aforementioned (supra Considering 11), the main point of
controversy regarding the effective implementation of the provisional measures is an
obligation of the State, which has already been resolved before the Commission. Thus,
according to the Convention, the effective investigation and sanction of those responsible for
the facts is an obligation of the State and this obligation is also explicitly referred to in the
friendly settlement report issued by the Commission (supra Considering 12).
14.
That removing these provisional measures does not mean that the State has
complied with its conventional obligations specified in Report No. 19/97 of the InterAmerican Commission, nor that the State shall no longer be held responsible for its
conventional obligations to continue with the investigations at the domestic level to identify
and, if the case may be, sanction those responsible for the facts described. It is the
responsibility of the Inter-American Commission to verify the effective compliance with what
is outlined in this report.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
Pursuant to the authority conferred upon it Under Article 63(2) of the American Convention
and Article 25 of its Rules of Procedure,
DECIDES:
1.
To lift the provisional measures ordered by the Inter-American Court of Human Rights
in favor of the beneficiaries in its Orders of June 22 and December 1, 1994, September 19,
1997, February 2, 2000 and September 5, 2001, for the reasons outlined in the paragraphs
above.
2.
To clarify that the lifting of the provisional measures does not mean that the State
has complied with its conventional obligations specified in the Inter-American Commission
Report No. 19/97, nor is the State removed from its obligations to continue the
investigations to find and sanction those responsible for the facts. It is the Inter-American
Commission’s responsibility to verify the effective compliance with these obligations.
3.
To notify the State of Guatemala, the Inter-American Commission of Human Rights
and the representatives of the beneficiaries of the present Order.
Sergio García Ramírez
President