10
of the road systems, they reported that the benefitting communities submitted to the
“Presidential Cabinet” during a visit to Rabinal, Baja Verapaz, a petition to conduct urgent
actions to comply with this paragraph, prior to the beginning of winter “which complicates
this type of improvements that could be conducted at this time, further affecting the roads
between these two communities,” but that they have not obtained any results (subparagraph b) of operative paragraph 9.) They also requested that the State report on the
progress made on the construction of the Health Center at Plan de Sanchez (sub-paragraph
e) of operative paragraph 9).
33.
That on this issue the Commission observed that regarding the obligations contained
in this reparation, the State has not contributed sufficient information on its compliance. It
added that it considered essential for the State to be asked to provide specific information
on “the plans, programs and projects that it has designed or is designing in order to
present and diffuse the Maya Achí culture, as well as substantial advances on this
obligation (sub-paragraph a) of operative paragraph 9), to provide maintenance and
improve the roadways between the communities [indicated] in the Judgment (subparagraph b) of operative paragraph 9), to develop the water sewage system and the
supply of potable water (sub-paragraph c) of operative paragraph 9) and to provide skilled
teaching personnel for elementary and secondary education in these communities (subparagraph d) of operative paragraph 9)” (supra Having Seen 6). The Commission took
cognizance of “the non-compliance on these aspects of the reparation [...] and requested
the Court to urge the State to comply with the mentioned obligations and report on these
as soon as possible.”
34.
That the Court regards as positive what was reported by the State in terms of the
performance of actions to comply with subparagraphs a) and e) of operative paragraph 9,
regarding the study and dissemination of the Maya-Achí culture, and the construction of a
health center in Plan de Sanchez. However, it verified that none of the state reports make
reference to any specific measure adopted to comply with sub-paragraphs b), c) and d) of
that operative paragraph, which relate to the maintenance and improvement of the
roadways, sewage system and potable water supply, and the provision of skilled teaching
personnel in the benefitting communities. Consequently, in consideration of what is
established in the Judgment (supra Having Seen 1), this Court believes that the State must
perform all necessary actions to give full compliance to these reparation measures and
report on the progress of the implementation, taking into account that, according to
paragraph 117 of the Judgment, the measures ordained therein must be implemented in a
term that must not exceed five years beginning on December 7, 2004, date on which the
Judgment was served to the parties.
*
*
*
35.
That in relation to operative paragraphs 10, 11, 13, 14 and 15 of the Judgment
(supra Having Seen 1), and Considering Paragraphs 21 to 42 of the Order from August 5,
2008 (supra Having Seen 3), relating to the payment for pecuniary and non-pecuniary
damages, this Court considers appropriate to refer again to the situation of certain victims
or their families in relation to the execution of the compensation payment established in
the Judgment.
36.
That in its report of November 25, 2008, the State expressed that on August 15,
2008 it paid the full amount and interest corresponding to Ms. Salome Ic Rojas, through
her legal representative Mr. Fernando Suc Ic, and submitted the respective payment
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