292. Consequently, based on the measures ordered in the judgments indicated supra,
which all refer to the implementation of a training program for prosecutors, judges and
members of the armed forces and which have general effects that transcend the specific
cases, the Court does not consider it pertinent to order the said measures of reparation
again. Compliance with these measures will continue to be evaluated at the stage of
monitoring compliance with the respective judgments.
C.4.
Other measures requested by the representatives
293. The representatives also requested the “inclusion of modules on the grave human
rights violations that occurred during the internal armed conflict in the Basic National
Curriculum”; the restitution of the right to visit their cemeteries and sacred places;
measures to avoid the installation of a new military garrison in the area near the settlement
of Pacux; the restitution of the use and enjoyment of the Canchún Chitucán property, and
the creation of a germplasm bank for the conservation of fruits and medicinal plants that
are important for the Maya Achí culture.
294. For its part, the State expressed its willingness to arrange the requested changes in
the Basic National Curriculum and the restitution of the right of the members of the Río
Negro community to visit their cemeteries and sacred places, and to take measures to avoid
the installation of a new military garrison in the area near Pacux.362 However, it indicated
that it did not have budgetary capacity to create a germplasm bank, and therefore offered
“to organize advisory services and support for the management of the species of fruits and
medicine plants” that it is hoped to conserve through other State institutions, such as “the
Agricultural Science and Technology Institute, the Ministry of Agriculture, Livestock and
Food,” and “a technological laboratory at the Universidad de San Carlos.” However, the
State did not indicate its position regarding the restitution of the use and enjoyment of the
Canchún Chitucán property.
295. The Court appreciates the State’s willingness to facilitate the implementation of some
of the measures of reparation requested by the representatives, and takes note of the
undertaking it has made. Nevertheless, the Court cannot grant the restitution of the
Canchún Chitucán property as a measure of reparation, because it was determined in this
Judgment that the Court did not have competence to rule on the alleged violation of the
right to property to which this measure of reparation has a causal nexus.
D.
Compensations for pecuniary and non-pecuniary damage
296.
The Court has developed the concept of pecuniary363 and non-pecuniary364 damage
362
The State “undert[ook] to facilitate coordination between the Ministry of Education and ADIVIMA” in order
“to include the impact” of the internal armed conflict on the human rights violations committed to the detriment of
the victims. The State also indicated that it was willing to arrange “with the corresponding authorities or current
owners of the land” where the cemeteries and sacred places are located, so that the next of kin of the victims may
visit them without problems. Also, it proposed “to incorporate into the Sacred Places Commission a committee to
oversee the case” in order to promote “the approval of bill 3835 ‘Law on the sacred places of the indigenous
peoples.’” The State also “assume[d] the responsibility” of arranging with the pertinent institutions to avoid the
establishment of a military garrison in Pacux. It also undertook to request the National Civil Police to protect the
perimeter of the area where this settlement is located.
363
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and costs, supra, para. 43, and Case of the
Kichwa Indigenous People of Sarayaku v. Ecuador, supra, para.309.
100
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents