section C of Chapter XII appeared incorrectly as C.1”; it also indicated that this “does
not affect the substance or the purpose of the publications because no paragraphs
have been omitted in the proven facts or in the operative paragraphs of the
judgment.” In addition, it indicated that it would publish an erratum in El Periódico5 in
this regard. The State also affirmed that the paragraphs had not been numbered in
any other publication that the Court had ordered it to make, and argued that, in those
cases, the Court had decided that “the State has complied” with the publication.
Lastly, it indicated that, as of April 26, 2010, the entire judgment in this case has
been available on the COPREDEH webpage (www.copredeh.gob.gt).
29.
The representatives indicated that, as they had stated in their communication
of April 20, 2011, the publications of the relevant parts had some errors, because in
the “publication in the Diario de Centroamérica section C of Chapter XII had been
omitted, […] as well as paragraph 255.” Also, “in El Periódico,” it “erroneously”
referred “to section C of Chapter XII as C.1, and omitted sub-paragraph C.1, as well
as paragraph 255.” Regarding the State’s obligation to comply with publishing the
judgment on an official website, the representatives indicated that the “hyperlink
available on the said webpage does not include the complete name of the judgment
delivered by the Court. Similarly, a brief summary should be included on this website
in which the State of Guatemala acknowledges its international responsibility for
human rights violations.” They also considered that “for this reparation to be
adequate, it must at least include the complete name of the judgment, because a
partial reference prevents the correct identification of the published document and
therefore the proposed scope of this measure is not achieved.” Lastly, in their
observations of January 19, 2011, the representatives indicated that the “problems
regarding the publication of the entire judgment on the [COPREDEH] webpage have
been rectified.”
30.
The Inter-American Commission took note of the information presented and
reiterated that, “despite the omissions pointed out by the representatives, the
publications that have been made […] represent an important step towards
compliance with this measure of reparation. The Commission is awaiting information
from the State regarding the erratum to be published, so as to be able “to verify full
compliance regarding the publications.” In relation to the integral publication on the
website, the Commission appreciated the measures taken by the State.
31.
Based on the information provided by the parties, the Court observes that the
State has published the entire judgment on the website. Regarding the publication of
the relevant parts of the judgment, the Court underlines that, on February 5 and 14,
2010, the State published the relevant parts of the judgment in the Diario de
Centroamérica and El Periódico, respectively. In addition, it notes that, according to
the information provided by the parties, the State acknowledged that, owing to an
involuntary error, it named section C of Chapter XII erroneously and omitted
subsection “C.1) Satisfaction.” In this regard, the State itself indicated that it would
publish an erratum to rectify the said errors (supra considering paragraph 28). The
Court considers that this omission and the error in the designation of the section do
not affect the essence of the purpose of publishing the relevant parts of the judgment.
Furthermore, the representatives indicated that, in the publication made by the State,
5
Cf. Erratum: “Clarification of the publication of February 14, 2010, of the Dos Erres Massacre.
Section C of Chapter XII was incorrectly designated C.1 Measures of satisfaction, rehabilitation, and
guarantees of non-repetition, whereas the correct designation is C) Measures of satisfaction, rehabilitation
and guarantees of non-repetition. Since subsection “C.1) Satisfaction” was omitted, it should be added.”
10