58
XVII
OTHER FORMS OF REPARATION
171. The Court will now consider other harmful effects of the facts, which are not of
a financial or patrimonial nature, and which could be repaired by carrying out officials
acts, including the investigation and punishment of those responsible for the facts of
the instant case.
Arguments of the Commission
172. The Commission indicated that although the State acknowledged its
“institutional responsibility” in the declaration of August 9, 2000, which, in itself,
constitutes a transcendental act of satisfaction duly assessed by the Commission, 18
months after this acknowledgement, it has not complied with the obligation to
investigate, prosecute and punish those responsible for the violations committed by
its agents against Maritza Urrutia. Consequently, the Commission requested the
Court to order the State, as a measure of satisfaction and guarantee of nonrepetition, to undertake a genuine investigation of the facts and to prosecute and
punish those responsible.
Arguments of the representatives of the victim
173. The representatives of the victim stated that the acknowledgement of the
facts made by the President of the Republic is not sufficient, “because it did not
directly hold the country’s Army responsible,” since more than “ten” years have
elapsed since the facts occurred and the investigation has not been effective.
Accordingly, they requested the Court to order the State to implement the following
measures of reparation:
a)
A public apology for the arbitrary detention and torture of Maritza
Urrutia, committed by the Army, so that this will have national
transcendence; to this end, they requested that the apology should be made
by the same media in which the victim was obliged to make her statement;
and
b)
The obligation to conduct a genuine investigation of the facts and
punish those responsible; this case could set an important precedent in the
fight against impunity in Guatemala.
Arguments of the State
174. The State indicated that it was open to the possibility of a friendly settlement
and, should this not be possible, that the Court take into account that:
a)
The declaration of the President of the Republic of August 9, 2000,
constitutes, in itself, an acceptance of the facts and a way of presenting an
apology to the victims of the cases indicated at that time, which was
reiterated on December 10, 2001, when delivering the reparations in the
“Aldea las Dos Erres” case. Consequently, the request for an apology proposed
by the representatives is unnecessary; and