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previously with the municipality’s civil society organizations so that it meets
their expectations;
d)
The State should create a place of recreation, on the site where the
Rabinal military detachment was located, and discuss its “form and
symbolism” with civil society. Since the community museum is requesting this
site for its premises, the State should provide financial support to this
initiative;
e)
The State should immediately provide the National Compensation Plan
and the National Commission against Racism and Discrimination with the
resources needed to allow them to carry out their mandates;
f)
The State should make a public apology, through the Constitutional
President of the Republic, Oscar Berger Perdomo, for this massacre and the
others that took place during the internal armed conflict;
g)
The State should produce a video on the facts of the Plan de Sánchez
massacre, the displacement of the survivors, the destruction of the social
fabric, the psychosocial impact of impunity, the quest for compensation, the
recovery of the historical memory, the dignification of the dead, the
authorship of the acts, and the historical record to understand why it
happened;
h)
The State should conduct a thorough investigation into the facts, and
prosecute and punish those responsible. An initial measure towards this end,
would be to strengthen the office of the Special Cases Prosecutor; this office
is responsible for preparing a trial for the crime of genocide in Guatemala,
which includes the Plan de Sánchez massacre and massacres in another ten
Mayan communities in different departments of the country that were victims
of similar human rights violations, and
i)
The State should make a “symbolic payment for indirect damage” that
includes works of infrastructure, such as: a paved road connecting the
communities of Plan de Sánchez, Concul, Chipuerta, Joya de Ramos, Raxjut,
Volcancillo, Chichupac, Coxojabaj, Las Tunas, Las Minas, Las Ventanas, Ixchel
and Chiac with the municipal capital of Rabinal, and also with Guatemala City
directly; the supply of potable water, and teachers in the communities. It
should also conduct studies on the most urgent needs in the region and
implement productive projects.
Arguments of the State
92.
The State expressed its profound regret for the events suffered by the Plan de
Sánchez community on July 18, 1982, and apologized to the victims, the survivors
and the next of kin, as an initial manifestation of respect, reparation and guarantee
of non-repetition. In this regard, it requested the Inter-American Court to weigh the
significance of the act of justice performed by the State in acknowledging its
international responsibility. It also expressed its determination to repair the damage
caused to the victims, survivors and next of kin of the Plan de Sánchez community
for the suffering resulting from the events that occurred and the violation of their
human rights. In this regard, it alleged that:
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