6
•
pay the next of kin of the [alleged] victims, a compensation of Q2’000,000.00 (two
million quetzales), which should be delivered in two equal payments of
Q.1’000,000.00 (one million quetzales), made in the first and second trimester of
the year 2006;
•
coordinate with the Foundation of Forensic Anthropology of Guatemala in order to
locate and identify the remains of Maria Tiu Tojín and Josefa Tiu Tojín and
subsequently deliver them to the next of kin. This commitment would be considered
complied with when the State has proven to the petitioners that it exhausted all the
resources possible for the location of the remains;
•
include the present case in the National Plan for the Search of Missing People when
it is implemented;
•
build a monument representing a mother with a child in her arms, and place a
commemorative plate on the same; the content of the latter shall be agreed on by
both parties. Likewise, both parties shall agree on the location where this
monument will be built and the placement of the corresponding plate;
•
negotiate with the National Compensation Program, a proposal to decree August
25th as the “National Day of the boys and girls victims of the internal armed
conflict;” and
•
pay the expenses and costs incurred in by the next of kin of Maria Tiu Tojín and
Josefa Tiu Tojín, including those incurred in by their representatives.
16.
The Court observes that, in compliance of the commitments acquired (supra
para. 5) and prior to the presentation of the application before this Tribunal, the
State carried out the following actions in order to adopt the recommendations of the
Inter-American Commission and repair the damages caused to the alleged victims:
a) act of apology presided by the then Vice-President of the Republic on
September 8, 2006. Said event had a private nature, upon the request of the
representatives. The Vice-President of the Republic acknowledged the State’s
responsibility for the facts occurred during the armed conflict in Guatemala,
delivered a letter of apology to the next of kin of the victims,7 and indicated
the State’s will to comply with the recommendations of the Commission.
b) construction of a monument in memory of María and Josefa Tiu Tojín. Upon
request of the representatives, the monument was built in the cemetery of
Parraxtut, municipality of Sacapulas, department of El Quiché. The monument
represents a bust of a mother with a child in her arms, and it has a
commemorative plate whose content was agreed on with the next of kin. The
next of kin of María and Josefa Tiu Tojín, their representatives, and state
authorities were present when it was unveiled. Along with the defendant’s
plea, the State forwarded a photograph8 of the plate and the monument, in
which the following text can be read:
“María Tiu Tojín. A brave and determined woman who shed her blood for
her people, a good daughter, sister, and mother, María and her daughter
Josefa disappeared in the hands of members of the Guatemalan army on
August 29, 1990. The State of Guatemala acknowledges its international
responsibility for the violations to human rights established in the report
7
Cfr. Letter of the Vice-President of the Republic of the month of September 2006 (Annexes to the
brief of pleadings, motions, and evidence, annex B, folio 1366).
8
Cfr. photographs of the act of unveiling of the plate and presentation of the monument in
memory of the victims, held on November 9, 2006. (dossier of annexes to the defendant’s plea, annex
IV).