7
on merits issued by the Inter-American Commission of Human Rights.
Long live the memory of María and Josefa!”
c) payment of compensations for pecuniary and non-pecuniary damages. In
December of the year 2005 the State paid Q.2’000,000.00 (two million
quetzales), equal to US $260,000.00 (two hundred and sixty thousand dollars
of the United States of America). Said amount was distributed between six of
the next of kin of María and Josefa Tiu Tojín, specifically: Josefa Tojín Imul,
mother of María and grandmother of Josefa; Victoriana Tiu Tojín; Rosa Tiu
Tojín, Pedro Tiu Tojín, Manuel Tiu Tojín, and Juana Tiu Tojín, all siblings of
María.9
d) reimbursement of US $1,219.82 (one thousand two hundred and nineteen
dollars of the United States of America with 82/100) to the representatives
for the expenses and costs incurred in by them during the processing of this
case before the Inter-American Commission.10
17.
The Commission indicated in its application that the acknowledgment of the
facts of the case and the international responsibility derived from the same, as well
as the efforts made by the State to repair the victims during the processing of this
case before said instance “has full effects with regard to the judicial proceedings
currently being presented.” The representatives, on their part, indicated that said
acknowledgment “has evidentiary consequences,” reason for which they requested
that “it be included […] in the corresponding judgment.”
18.
In its response to the application Guatemala stated that “from the content of
the previously indicated agreement [we] can conclude that the State has not denied
the existence of violations to the human rights of the [alleged] victims, on the
contrary it acknowledged its responsibility for said violations and it undertook actions
to grant the next of kin of the [alleged] victims a fair and adequate reparation,
reasons for which it considers that the subject of the acknowledgment of
responsibility was already complied with.” Likewise, the State acknowledged “the
unjustified delay in the application of justice” and its deficiency in this matter, claim
regarding which it stated its acquiescence. The State indicated it acknowledged its
international responsibility “for having infringed Articles 4, 5, 7, 8, and 25 of the
Convention in detriment of Mrs. María Tiu Tojín; Articles 4, 5, 7, 8, 19, and 25 in
detriment of Josefa Tiu Tojín; and Articles 5, 8, and 25 in detriment of their next of
kin, in relation to Article 1(1) of the American Convention on Human Rights and
Article 1 of the Inter-American Convention on Forced Disappearance of Persons.” The
State informed it continues making efforts to comply with the pending commitments
in matters of reparations and asked the Tribunal that “the economic reparation
agreed on and delivered in the present case be considered adequate and effective.”
19.
In the course of the public hearing (supra para. 7) the State reiterated its
acknowledgment of international responsibility and promised, inter alia, to offer
information on the steps it would adopt to activate the transfer of the dossier of the
present case from the Judge Advocate to the courts of the ordinary jurisdiction. Both
9
Cfr. copies of the administrative settlement records (dossier of annexes to the defendant’s plea,
annex I, folios 2 through 19).
Cfr. copies of the administrative settlement records (dossier of annexes to the defendant’s plea,
annex II, folios 21 through 23)
10