4
I. Analysis of the information regarding the operative
paragraph eight of the Judgment on merits and the
operative paragraphs one and two of the Judgment on
reparations
With regard to the duty to locate the mortal remains of Efraín
Bámaca Velásquez, exhume, and hand over, these remains in the
presence of his widow and next-of-kin, as well as the obligation to
investigate the facts that led to the violations, identify and eventually
punish those responsible, as well as publicly diffuse the results of the
corresponding investigation, the State presented information on: a) the
obligation to investigate into the present case, and b) the situation
regarding the safety of the public prosecutors and Mrs. Jennifer Harbury,
who have promoted the case over the last year.
8.
A)
The obligation to investigate in light of the Judgments and
Orders of the Court in the present case
Information on the reopening and subsequent closing
of the investigation
1.
1.1.
Regarding the reopening of the investigation
The State reported that, with the objective of complying with
Guatemala’s commitments with relation to the judgments issued by the
Court, it created a “human rights team” under the coordination of
COPREDEH, and also conformed by the Supreme Court of Justice, the
Public Prosecutors’ Office, and the Procurator for Human Rights. This
Team selected four cases “that put in evidence procedural impunity,
among them the case of Bámaca Velásquez,” in order to “analyze and
identify the operation of the Justice System through the revision of
paradigmatic cases.” The State indicated that the impact of the work
carried out by this Team was reflected, inter alia, in the following:
9.
a)
on December 10, 2009, the “Public Prosecutors’ Office,
Prosecutor Section, Unit of Special Cases and Violation of Human
Rights” (hereinafter “the Public Prosecutors’ Office”) requested
before the Supreme Court of Justice (hereinafter “the Supreme