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Judgment, and also to publicly disseminate the results of such investigation and punish
those responsible.
…
9.
decide[d] that the State should remedy the damages caused by the violations
indicated in decisions 1 to 7, and to this effect authorize[d] its President to duly order
the opening of the reparations stage.
III
PROCEEDING AT THE REPARATIONS STAGE
3.
On February 9, 2001, in compliance with operative paragraph nine of the
judgment on the merits, the President of the Court (hereinafter “the President”)
decided:
1.
To grant the next of kin of the victim or their representatives, the InterAmerican Commission on Human Rights and the State of Guatemala 60 days time,
starting when notice of this ruling is served, to file their arguments and the evidence
they deem[ed] appropriate for the determination on reparations.
2.
To summon the next of kin of the victim or their representatives, the InterAmerican Commission on Human Rights and the State of Guatemala, in a timely
manner, to a public hearing, once the written stage of the proceedings has concluded.
4.
On April 5, 6 and 10, 2001, the victims, as well as next of kin and
representatives of the victims (hereinafter “the representatives of the victims”), the
Inter-American Commission and the State, respectively requested extensions of the
period to file their briefs on reparations. These extensions were granted by the
President to all intervening parties, until May 8 of that year.
5.
On May 8, 2001, the representatives of the victims, the Commission and the
State filed their arguments and evidence regarding reparations.
6.
On August 28, 2001, the Secretariat requested that the Commission and the
representatives of the victims submit the definitive list of witnesses and expert
witnesses to be heard at the public hearing on reparations. On September 11, 2001,
those representatives sent the list that had been requested as well as the curriculum
vitae of the expert witness proposed. That same day the President granted the State
up to September 17, 2001 to file its observations on the proposed expert witness,
and the State filed no observations in this regard.
7.
On September 24, 2001, the President called the representatives of the
victims, the Commission and the State to a public hearing on reparations to begin on
November 28, 2001, at the seat of the Court.
8.
On November 20, 2001, Mrs. Jennifer Harbury sent a brief to the Court
reporting the existence of a sister of Mr. Efraín Bámaca Velásquez, on his mother’s
side.
9.
On November 28 and 29, 2001, the Court heard the testimony of the
witnesses and the expert witness offered by the Commission and the representatives
of the victims, at a public hearing, as well as their final conclusions on reparations in
the instant case.
There appeared before the Court: