that the transmission of the radio broadcasts were carried out by a station with broad
coverage. Finally, the Commission acknowledged that the State is considering a new date
for the next broadcast.
20.
According to the information provided by the parties, the State complied with the full
publication of the Judgment on its web site on August 29, 2010. Furthermore, on November
24, 2010, it published the official summary of the Judgment in “El Periódico,” and on
December 23, 2010, it published the pertinent parts of the Judgment ordered by the Court
in Guatemala’s Official Gazette, “Diario de Centro América.”
21.
With regard to the radio transmission of the official summary of the Judgment in
Spanish and Mayan Kaqchikel (supra Having Seen 1), the State reports that it has
completed the radio broadcasts of July 3, August 7, September 4, October 2, and November
6, 2011, via Radio Cultural y Educativa 1000 AM. Nonetheless, according Mr. Chitay’s next
of kin, they have been unable to hear these broadcasts due to the radio station’s lack of
coverage. Given the information reported by the parties, and the fact that the final
broadcast offered by the State –which may be aired from early January 2012- has not taken
place, the Court will refrain from making a decision regarding the state of compliance with
this operative paragraph until the completion of the State’s additional broadcast and the
receipt of the observations of the representatives and the Commission. Accordingly, the
Court requires the State to remit the appropriate information, and if possible, provide
documentation or other means of confirming the airing of this broadcast.
22.
Considering the above, the Court deems that the State has partially complied with
operative paragraph fourteen of the Judgment (supra Having Seen 1).
D) Carry out a public act of acknowledgement of responsibility and apology in
memory of Florencio Chitay Nech (operative paragraph fifteen of the
Judgment)
23.
The State reported that “it has not been able to find a space in the agenda of the
highest authorities of the country” to hold the aforementioned public act.
24.
The representatives expressed that “[i]t has not been possible to confirm the
participation of one of the highest authorities of the State, for the purpose of complying with
this operative paragraph.”
25.
Regarding this matter, the Commission indicated that it is essential to coordinate for
the prompt and effective completion of the public act of acknowledgment of responsibility;
therefore it waits for the State to promptly comply with this operative paragraph.
26.
In conformity with operative paragraph fifteen of the Judgment, the Court recognizes
that the public act of acknowledgement of international responsibility and apology in
memory of Mr. Chitay should be performed according to the arrangements laid down by the
State and the next of kin of Mr. Chitay Nech and/or his representatives. However, this Court
deems that, to date, the State has not complied with this obligation (supra Having Seen 1).
Based on the above, the Court deems it essential for the State to take all the steps
necessary for -and conducive to- performing this public act as soon as possible. In order to
monitor compliance with this obligation, the Court requests the State to submit clear,
accurate, and detailed information on: a) the steps taken and to be taken to comply with
this obligation, and b) the scheduled or tentative dates of the act, agreed upon by the
parties.
6