82
86.
Given that the victims in this case are members of the Mayan people, this
Court considers that an important component of the individual reparation is the
reparation that the Court will now grant to the members of the community as a
whole.
87.
Bearing in mind the above, and also the different aspects of the damage
adduced by the Commission and by the representatives, the Court establishes in
fairness the value of the compensation for non-pecuniary damage, which must be
delivered to each of the victims, as stipulated in the tables contained in paragraphs
88(a) and (b) and 89(a) and (b) of this judgment, and in accordance with the
following parameters:
a)
It must be taken into consideration that the victims were unable to
bury appropriately their next of kin who had been executed in the massacre
or practice funeral rites in accordance with their traditions. And, it is
necessary to recall the special significance for the Mayan culture, and
particularly the Maya-Achí culture, of the funeral rites, and the magnitude of
the damage caused to the victims because these rites were not respected.
Moreover, it has been proved that, owing to the conditions of decomposition
and calcination in which the remains were found after the exhumations
conducted in 1994 and 1996, only a few victims could bury their next of kin
and perform the corresponding ceremonies (supra para. 49(3), 49(6), 49(7),
49(13) and 49(14));
b)
It must also be recalled that the victims in this case could not freely
celebrate ceremonies, rites and other traditional manifestations for some
time, which affected the reproduction and transmission of their culture. It has
been proved that the death of the women and the elders, oral transmitters of
the Maya-Achí culture, caused a cultural vacuum (supra para. 49(12) and
49(13));
c)
The damage caused to the victims by the permanent military
presence, surveillance and repression to which they were subjected should be
taken into account. It has also been established that the victims were forced
to patrol with the perpetrators and to come in contact with them in the town’s
common areas. The victims were stigmatized, pointed out as “guerrillas” and,
as such, responsible for the events. All the foregoing resulted in the victims
feeling terror, paralysis, insecurity, frustration, humiliation, guilt and anguish,
which has significantly altered their living conditions and their family and
community relationships (supra para. 49(15) and 49(17));
d)
The non-pecuniary damage caused to the members of the Plan de
Sánchez community owing to the militarization of the village must be borne in
mind. It has been proved that the traditional community structure of Plan de
Sánchez was substituted by a vertical, militaristic control system, in which the
natural leaders of the community could not perform their role and were
replaced by the military authorities (supra para. 49(16));
e)
It must be considered that the facts of this case remain unpunished,
which has caused the victims frustration, impotence and profound anguish. It
has been proved that the victims remained in complete silence, without being
able to speak or report what had happened for almost ten years. Since the
complaint was filed in December 1992, the criminal proceedings have been
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