76
329. With respect to this group of victims, however, the Commission does not have specific
information regarding the relationship of these reparations with the totality of the facts and violations
declared in the present case. If these reparations were actually delivered by the NPR, the Commission
will examine the link between the established facts and violations of the report, and assess its value, its
suitability, and sufficiency in light of the Inter-American reparations standards411.
V.
CONCLUSIONS
330. Based on the considerations of fact and of law contained in the present report, the
Inter-American Commission on Human Rights concludes that the Guatemalan State is responsible for
violation of the rights protected under articles 3, 4, 5, 7, 8, 11, 12, 16, 17, 19, 21, 22, 23, 24 and 25 of the
American Convention, read in conjunction with the obligations established in article 1(1) thereof; Article
I of the Inter-American Convention on Forced Disappearance of Persons, and Article 7 of the Convention
of Belém do Pará.
331.
Based on the foregoing conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS
THAT THE GUATEMALAN STATE
1.
Make adequate reparations for the individual and collective human rights violations
stated in this report taking into account the material, moral and cultural aspects, including fair
reparations, the establishment and dissemination of the true historic facts, the revival of the memory of
the deceased and missing victims, the implementation of a psychosocial program that pays attention to
the particular needs of the survivors and those of the families of the deceased and missing victims. The
collective reparations must be implemented with the consent of the survivors of the Chichupac village
and its neighboring communities with the aim of reestablishing their community life as members of the
Maya Achi indigenous people, and in particular, their special bond with their lands.
2.
Establish a mechanism to identify as many of the victims executed in the present case
and provide whatever is needed to continue the identification process and return the victims’ mortal
remains.
3.
Establish a mechanism to determine who the disappeared persons in the massacres
were and the survivors.
4.
Locate the disappeared victims’ mortal remains and restore them to their next of kin.
5.
Establish a mechanism to facilitate full identification of the next of kin of the victims
who were executed and disappeared, so that they may claim the reparations to which they are entitled.
411
The I/A Court H.R has previously stated that “If the State has paid compensation to the victims [...], it may deduct
the amounts that have been paid for the violations established in this Judgment when paying the reparations ordered. At the
stage of monitoring compliance with judgment, the State must prove that, under this program”. I/A Court H.R., Case of Gudiel
Álvarez et al. (Diario Militar) v. Guatemala. Merits, Reparations and Costs. Judgment of November 20, 2012. Series C No. 253,
par. 389.