13
instant case, and iii) should it be insufficient, the measures required to
increase its amount;
b)
Appoint a CNSAFJ officer to establish a schedule to work with the High
Courts in order to move forward the cases involving mass, systematic
human rights violations. By March 29, 2010, such officer shall, together with
COPREDEH, submit a report on the schedule agreed upon with the High
Courts and the methods to be used to achieve the proposed goals;
c)
Appoint an Army military intelligence officer to act as liaison, who may be
contacted by the Public Prosecutor and the court in charge of the domestic
investigations, as well as CNSAFJ, COPREDEH, the victims in the instant
case or their representatives to ask for information with a view to finding
out who the responsible parties are or locating the remains of young boy
Molina-Theissen. By March 29, 2010, together with COPREDEH, such officer
shall submit a report on the methodology and the schedule set to encourage
the military’s cooperation in moving the investigations forward.
d)
Report, by March 29, 2010, on the number of disciplinary, administrative or
criminal actions taken pursuant to the Guatemalan laws against any officers
who refuse to cooperate to comply with these orders.
4.
To repeat that the work carried out by CNSAFJ, COPREDEH and the
aforementioned military intelligence liaison officer cannot be restricted to sending official
communications repeating these orders; such officers, who shall have the State’s
absolute support, are to create the conditions required in order for the information sent
to CNSAFJ and, later on, to this Court, to be precise, complete, reliable and usable or
useful, providing qualitative and quantitative parameters to monitor compliance with
these orders.
5.
To request the State to submit, by March 29, 2010, a schedule providing specific,
clear and exhaustive information detailing the steps to be taken, the dates set for such
steps and the parties responsible for their execution, so that a prompt procedure may be
soon established to obtain a declaration of absence and presumption of death due to
forced disappearance. For such purpose, the State shall appoint a representative of the
Legislative Branch who, together with COPREDEH, shall prepare the aforementioned
report. Moreover, such liaison officer and COPREDEH shall, within the same period,
submit a report on the methodology and schedule to encourage the debate and
enactment of the Ley de la Comisión de Búsqueda de Personas Víctimas de la
Desaparición Forzada y Otras Formas de Desaparición [Law on the Commission for
Finding Victims of Forced and other Forms of Disappearance].
6.
To request that, acting through the Legislative Branch’s representative referred to
in the preceding operative paragraph, CNSAFJ and COPREDEH, the State shall, by March
29, 2010, submit a report noting, within the four-month period following notification of
this Order, the efforts made and steps taken to create a genetic information system that
will be run by the State itself and fully available to justice operators and the victims.
7.
To request that the representatives of the victims and the Inter-American
Commission on Human Rights submit their comments on their aforementioned State
reports within such periods as may be set therefor by the Tribunal or its President.
8.
To request that the Secretariat of the Court notify this Order to the State of
Guatemala, the Inter-American Commission and the representatives of the victims.