it had also omitted paragraph 255 of the judgment. In this regard, the Court indicates
that it did not order the publication of this paragraph in the judgment. Consequently,
the Court finds that the State has complied with the thirteenth operative paragraph of
the judgment regarding its publication on the website, as well as in relation to the
publication in the Official Gazette and a major national newspaper.
F)
Obligation to organize the public acts (fourteenth operative paragraph
of the judgment)
32.
The State indicated that “the legal representative of FAMDEGUA had advised
that the beneficiaries would not accept any public act until the State has paid [the]
financial compensation.” Therefore, the State indicated that it “will coordinate the
organization of the public acts with the petitioners after payment has been made of
the financial compensation awarded in the judgment.”
33.
In this regard, the representatives observed that “an integral part of our work
is to follow-up on the victims’ requests and concerns and present them to the
authorities. Specifically, the assertion made in the State’s report occurred during a
telephone conversation to communicate the feelings of some of the victims […] and in
no way signified that the representatives considered it necessary to delay compliance
[with this measure]. The representatives also indicated that “it is truly regrettable and
incompatible with its international responsibilities that the State attempts to fail to
comply with a judgment of the Court […] based on the content of an informal
conversation regarding the concerns of some of the victims regarding payment of the
compensation.”
34.
The Inter-American Commission recalled that “the provision of this measure of
reparation by the Court responded, among other matters, to the Court’s assessment
of the opinions of the expert witnesses, psychologists, who confirmed the feeling of
guilt and stigmatization to which the victims have been exposed due to the absence of
justice […].” Therefore, the Commission observed “that the State must coordinate with
the representatives of the injured party to organize the required acts, in order to
overcoming the stated obstacles and comply with this measure of reparation.”
35.
Based on the information provided by the parties, the Court notes that the act
of public acknowledgment of international responsibility and the projection of the
documentary on the facts of the massacre of the Dos Erres community have not yet
been carried out. According to paragraph 264 of the judgment, these measures should
have been implemented within one year of notification of the judgment. Consequently,
the Court finds that the State must take all the necessary steps to carry out this public
act as soon as possible, as decided in paragraphs 261, 262 and 263 of the judgment,
and in coordination with the victims and their representatives, who should provide
their collaboration. In order to monitor compliance with this obligation, in its next
report, the State must indicate: (a) the steps it has taken and will take in order to
organize this measure of reparation, and (b) the scheduling or provisional dates on
which the act will be held.
G) Obligation to erect a monument (fifteenth operative paragraph of the
judgment)
36.
The State advised that “due to the time that has elapsed since the massacre,
the site of the Dos Erres community is now private property; consequently, access on
foot or by car is restricted, and the owner’s authorization is needed to construct the
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