available with the names and addresses of all the people who reside in different parts
of the country about whom it had information. It was precisely these lists […] that
made it possible for the State to contact the victims to start payment of the financial
compensation; however, the State has not taken the initiative to coordinate the
implementation of this measure of reparation through these channels.”
42.
The Commission took note of the information provided by the State and
observed that Guatemala “has not forwarded information on the actions or work plans
in place to implement an adequate program of medical and psychological care for the
victims; nor has it forwarded information on any other measures it would be using to
locate the beneficiaries.” With regard to locating the victims, the Commission
understood that the collaboration of the representatives was required, but indicated
that “it is the State’s obligation to provide adequate reparation deriving from the
attribution of international responsibility […]. The State must use all available means
to comply with this obligation.”
43.
Based on the above, the Court observes that the State has not complied with
the obligation to provide the medical and psychological treatment ordered in the
sixteenth operative paragraph of the judgment. The Court takes into account the
information provided by the parties and considers it important that the State
coordinate with the representatives the necessary measures to locate the
beneficiaries, and that the representatives cooperate in this regard. Consequently, this
Court considers it essential that the State take all the necessary measures conducive
to providing the victims immediately with adequate and free medical and psychological
treatment, determined according to their health needs and by mutual agreement with
the victims, including the provision of medication. In accordance with paragraph 270
of the judgment, this medical and psychological treatment may be provided by State
specialized personnel and institutions or, if necessary, the State can have recourse to
specialized private or civil society institutions. In order to monitor compliance with this
obligation, the State must provide detailed and updated information on the measures
adopted and the results.
I)
Creation of a webpage to search for children abducted and illegally held
(seventeenth operative paragraph)
44.
The State advised that “several human rights institutions had been invited to
working meetings during which it had expressed its commitment.” Despite this, it
indicated that “some of the institutions [had been unable] to assume this
commitment, owing to their budget, competence or mandate.” It added that the State
was “studying other possibilities to comply with what was ordered.”
45.
The representatives stated that the information provided by the State “again
reveals the absence of resolve and a serious lack of coordination between the different
State entities.”
46.
The Commission observed that “the time frame for complying with this
measure of reparation has already expired and the information presented by the State
fails to show that it has taken even minimally effective measures to comply with it.”
It also stated that Guatemala “must fulfill the requirements established by the Court,
specifically regarding: (i) the allocation of the human, financial, logistic and any other
resources required for its creation and operation, and (ii) the State must collaborate
with the national and international institutions or associations responsible for locating
children abducted during the domestic conflict.”
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