E) Place a commemorative plaque with the name of Florencio Chitay Nech in
San Martín Jilotepeque, Chimaltenango (operative paragraph sixteen of the
Judgment)
27.
The State reported that on April 12, 2011, it performed the unveiling of the
commemorative plaque in memory of Mr. Chitay, in the Municipality of San Martín
Jilotepeque, department of Chimaltengo. In addition, the school of Caserío Semetabaj,
village of Quimal, of the same municipality and department, was named “Florencio Chitay
Nech.”
28.
The representatives confirmed that, on April 12, 2011, the two commemorative
activities in memory of Mr. Chitay did in fact take place, with the participation of the
municipal authorities, COPREDEH, the next of kin of the victim, and guests.
29.
The Commission expressed that it acknowledges that the State has complied with
this obligation.
30.
In conformity with that expressed by the parties, the Court deems that the State has
complied with that ordered in operative paragraph sixteen of the Judgment, with regard to
the placement of a commemorative plaque in Mr. Chitay’s name. In addition, it appreciates
the fact that, without having been ordered to do so in the Judgment, the State renamed the
school of Caserío Semetabaj “Florencio Chitay Nech.” Consequently, the court deems that
the State has complied with operative paragraph sixteen of the Judgment (supra Having
Seen 1).
F) Offer free and immediate medical and psychological attention, in an
adequate and effective manner, to the victims declared in the Judgment
(operative paragraph seventeen of the Judgment)
31.
The State expressed that it has requested the next of kin of Mr. Chitay to indicate
who among them requires medical and psychological assistance, and that to date they have
not replied with this information.
32.
The representatives observed that there have not been significant advances with
regard to the instant operative paragraph, and that compliance with this point has not been
programmed. They added that although most of the family is abroad, this does not mean
that the next of kin of Mr. Chitay that are in Guatemala do not require medical and
psychological attention.
33.
The Commission indicated that it was waiting to receive information regarding the
proffering of medical and psychological attention, as well as the steps taken by the parties
to comply with this obligation.
34.
In accordance with that indicated by the parties, the Court does not possess
sufficient evidence to deem the obligations of this operative point fulfilled. Consequently,
the Court considers it necessary for the State to: a) perform the necessary actions to
provide medical and psychological attention to the victims declared in the Judgment that are
in Guatemala and that require it (supra Having Seen 1), and b) report the measures
adopted to comply with this operative paragraph (supra Having Seen 1). Similarly, the next
of kin of Mr. Chitay shall provide the necessary information and cooperation to facilitate the
implementation of this measure ordered in the Judgment. The aim of the above measures
7