addition, it indicated that “on July 3, 2011, it performed the first broadcast of the summary
of the Judgment in Spanish and in Kaqchikel through the Federación Guatemalteca de
Escuela Radiofónicas –FGER-, which has coverage in the entire department of
Chimaltenango.”
16.
In the communication of November 4, 2011, the State expressed that it had
completed radio broadcasts on July 3, August 7, September 4, and October 2, 2011,
through Radio Cultural y Educativa 1000 AM, Cadena Radial “FGER,” from 10:00 to 10:30
a.m. In addition, the State indicated that two additional broadcasts have been scheduled for
November 6 and December 4, 2011.Subsequently, in its communication of November 25,
2011, the State reported that the November 6, 2011 broadcast had been aired. However,
Mr. Chitay’s next of kin were not able to hear this broadcast, as they were unable to tune in
to the appropriate frequency. Regarding the broadcast scheduled for December 4, 2011, Mr.
Chitay’s next of kin have indicated that they will be abroad on that date; COPREDEH is thus
considering the possibility of airing the broadcast in January 2012.
17.
The representatives observed, on September 12, 2011, that the next of kin were not
notified of the publication of the Judgment on the State’s official web site. Nevertheless,
they were made aware of its publication by other relatives. With respect to the publication
of the pertinent parts of the Judgment in “El Periódico” newspaper on November 24, 2010,
the representatives expressed that they were informed of that publication, and also
received copies of it; regarding the publication of the same in the Official Gazette on
December 23, 2010, they noted that it was not until the month of February that they were
informed the publication had taken place. Furthermore, the representatives indicated that
they were not aware of a translation of the Judgment to the Mayan Kaqchiquel language.
They reported subsequently that they had been given the contents of the translation in the
month of October, as well as a compact disc containing those contents.
18.
On the matter of the radio broadcast of the summary of the Judgment, the
representatives expressed that on several occasions they have been notified of the State’s
hiring of a radio station. However, given the station’s lack of coverage and that its direct
frequency in San Martín is unknown, the Chitay family has not been able to hear the
broadcast to date, despite their having organized in order to monitor the broadcast. In their
observations of November 30, 2011, the representatives reiterated that Mr. Chitay´s next
of kin have not been able to hear the broadcasts aired on July 3, August 7, September 4,
and October 2, 2011. With regard to the broadcast of November 6, 2011, Mr. Chitay’s next
of kin indicated that, despite organizing themselves with the aim of hearing it aired, they
were still unable to do so. This situation was reported to COPREDEH. The next of kin of Mr.
Chitay recognized the efforts made by COPREDEH authorities, and pointed out that though
the broadcast air on several more occasions via the contracted station, this station lacks the
necessary signal range and coverage. For this reason, they would be interested in revisiting
the idea suggested by representatives of COPREDEH, of airing the broadcast via another
station (Radio La Chimalteca 101.5 FM), which was recommended by the Chitay family and
has coverage in the department of Chimaltenango. Finally, they indicated that they would
continue to make demands until the broadcast is aired at least at the departmental level.
19.
The Commission values the steps taken by the State to complete the radio
broadcasts, as well as the submission of the compact disc containing the official summary of
the Judgment. Nonetheless, it considers it essential that the State “inform the
representatives of all actions performed under the framework of compliance with the
[J]udgment, as they are the ones directly interested in full compliance therewith.” In
addition, the Commission expressed that the information provided thus far does not indicate
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