4
the petition, which involved giving depositions and filing applications with the Rabinal Municipal Civil
Registrar for copies of birth and death certificates, no evidence of any activity on those complaints is
apparent. The petitioners also pointed out that little has been done to establish what happened and
identify the intellectual and material authors, even though information is reportedly available.
20.
The petitioners maintained that the denial of justice has continued to this day, which
means that as yet no one has been made to answer for these alleged violations. They noted that the
delay in the proceedings is a continuing violation and takes a severe toll on the alleged victims and their
next of kin.
21.
The petitioners reported that the alleged victims and their next of kin live in poverty and
continue to suffer psychological aftereffects, as they are still being threatened and intimidated by
former “judiciales” and former members of the PAC, who still live in the same communities within the
municipality of Rabinal.
22.
The petitioners maintained that the financial payments made under the National
Reparations Program (hereinafter “the PNR”) are not decent, just and full reparations, compensation or
restitution for i) the pecuniary damages caused to the communities; ii) the psychological and moral pain
and suffering that the victims’ next of kin continue to endure; and iii) the non-pecuniary damages to the
spirituality and culture caused by their being severed from their Maya Achí culture. The petitioners
maintained that the procedure involved for the PNR is slow and irregular.
23.
The petitioners stated that of all the alleged victims, only eight relatives had reportedly
applied for compensation from the PNR and that the amounts received do not adequately compensate
for all the violations committed; furthermore, not every victim entitled to compensation is receiving it.
They added that the way in which the PNR is compensating people is causing further division and
anguish among family members and within the communities. Here, they pointed out that in a number
of cases, consanguineous siblings are precluded from any economic compensation for violations
committed against their parents. They also noted that the PNR excludes some alleged victims whose
names appear in the databases of the former PAC. They observed that family members of such persons
have also been denied compensation by the Ex-PAC Assistance Office.
24.
Lastly, they noted that the State refused to rebuild the more than one hundred housing
units destroyed in Chichupac, Xeabaj and neighboring communities. They asserted that the State built
only 31 units, ten of which belong to family members of alleged victims; this has caused tension in the
communities between those whose homes were rebuilt and those who got nothing.
B.
The State
25.
The State did not refute the facts alleged by the petitioners. To the contrary, the State
acknowledged its international responsibility in the present case in the terms indicated below.
26.
Nevertheless, it maintained that judicial inquiries were being conducted to ascertain the
facts and determine the corresponding responsibilities. As for the time that the investigations have
taken, it maintained that “the causes of the delay in the proceedings will continue to be investigated.”
As for the alleged forced disappearances, the State underscored the fact that at the time the events
occurred, forced disappearance was not criminalized in Guatemalan law. It argued, therefore, that for