ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF DECEMBER 1, 2011
CASE OF CHITAY NECH ET AL. v. GUATEMALA
MONITORING COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The Judgment of preliminary objections, merits, reparations and costs (hereinafter
“the Judgment”) issued by the Inter-American Court of Human Rights (hereinafter “the
Inter-American Court” or “the Court”) on May 25, 2010, whereby, inter alia, it ruled that the
State must:
12.
[…] manage efficiently, with due diligence and within a reasonable time period, the
investigation and, if [applicable], the criminal [proceedings that may arise] in relation [to] the
detention and [subsequent] forced disappearance of Florencio Chitay Nech, to determine the
corresponding criminal [liabilities] and effectively apply the punishment[s] and consequences
[provided for] by the law, under the terms of paragraphs 232 to 237 of the […] Judgment[;]
13.
… continue with the effective search for Florencio Chitay Nech, [under] the terms of
paragraphs 239 to 241 of the … Judgment;
14.
[…] publish, [only] once[,] in the Official Gazette[…], Chapter I; and paragraphs 19, 20,
and 21 of Chapter III[;] paragraphs 64, 67, 68, 70 to 72, 74[…] to 76, 79, 88, 89, 91, 93, 99 to
103, 108, 110, 113, 116, 117, and [121] of Chapter VIII; paragraphs 126 to 129, 133, 134, 138,
140, 141, 143, 144, 146 to 148, 150, 151, 161 to 163, 166, 167, 170, and 171 of Chapter IX;
paragraphs 177, 186, 194, 195, 197 to 200, 204, 207, 209 of Chapter X; paragraphs 225 and
226 of Chapter XI[;] paragraphs 229, 235, 237, 240, 241, 244, 245, 248, 251, 256 of Chapter
XII; all of them including the names of each chapter and the corresponding section -without the
corresponding footnotes-, as well as the operative paragraphs of the Judgment[, and in another
newspaper of national circulation, the official summary of the Judgment issued by the Court.] The
State must [broadcast this] official summary via radio each first Sunday of the month on at least
four occasion[s]. The foregoing[…] should be carried out in Spanish and in Mayan kaqchikel. In
addition, the State must publi[sh] the entire Judgment on the [its] official web site […], [under]
the terms of paragraph[s] 244 and 245 of [this] Judgment[;]
15.
… carry out a public act of [acknowledgement] of responsibility in relation to the facts
of the present case and apology in memory of Florencio Chitay Nech, in which reference must be
made to the human rights violations declared in the […] Judgment, in the presence of high
ranking State officials and the next of kin of Mr. Chitay Nech. [This] act must be carried out in
Spanish and in Mayan kaqchikel, [under] the terms of paragraph 248 of the […] Judgment[;]
16.
[…] place a commemorative plaque [bearing the name of Florencio Chitay Nech,] that
makes reference to his activities,, in San Martín Jilotepeque, Chimaltenango, [under] the terms of
paragraphs 250 and 251 of the […] Judgment[;]
17.
… offer [free] psychological and[medical] attention […] [in Guatemala] to the victims
declared in the […] Judgment [whom] request it, […]in an [immediate,] adequate[,] and effective
manner, [and for the time necessary,] through specialized public health institutions, [under] the
terms of paragraphs 255 and 256 of the same [,and]

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