6
and other students from educational institutions in Rabinal in which the victims actively
participate.”
13.
The Commission took note of the delivery of the translation of the American
Convention in Maya-Achí, as well as the information presented by the representatives.
In addition, it reiterated that “the obligation to disseminate information […] forms an
important part of the reparation and, especially, regarding the prevention of violations
and society's access to the truth” and that, therefore, it deemed it necessary to
coordinate these obligations with the injured party, “so that they are fulfilled in
accordance with the spirit of reparation that inspires them.”
14.
The Court takes note of the measures taken by the State to comply with its
obligation to translate the American Convention into Maya-Achí, its delivery to the
victims and other persons present at the ceremony on October 30, 2009, as well as the
delivery of the translations of the judgments in Spanish and Maya-Achí published on
October 5 and 7, 2008, respectively, in a print media called “El Periódico”. In view of
the information submitted by the State and the representatives, as well as the analysis
of the documentation forwarded to that end, this Tribunal deems that the actions taken
by the State in relation to operative paragraph in question comply with that set forth
by the Court in its Judgment. In consequence, the Court considers that the State has
complied with operative paragraph four of the Judgment.
C)
To provide free medical and psychological treatment, and medications,
to any victims that need them (operative paragraph seven of the Judgment)
15.
In its report of January 7, 2010, the State pointed out that the Ministry of
Public Health and Social Welfare (hereinafter, “MSPAS”), since 2005 to the present,
has been providing collective, family and individual medical and psychological
treatment to the residents of the Plan de Sanchez village, and neighboring
communities, through two psychologists and one nursing assistant. In this respect, it
presented a report of the visits made between the months of September 2005 and
April 2009 to the health center of Plan de Sanchez village. It further added that “in
order to provide better service to the residents, the premises of the Health Center of
Plan de Sanchez village and Joya de Ramos community were improved,” where a water
tank and a font were installed. In addition, it mentioned that “even though this
judgment orders the provision of psychological and medical treatment to the residents
of [said] village and the neighboring communities, the State is obliged to provide this
service pursuant to the Constitution of the Republic of Guatemala". Moreover, in a
report of August 13, 2010, the State pointed out that on May 21, 2010, a meeting was
conducted with officials from COPREDEH, where "[t]he attending officials proposed that
the work of the Victims’ Physical and Mental Evaluation Committee be resumed so as
[...] to provide them […] with the free medical treatment [and] medicine they require
[…]”. In that same meeting, the petitioners stated that MSPAS “did in fact […] built a
Health Center in the Plan de Sanchez village […].”
16.
In its observations of March 15, 2010, the representatives pointed out that the
information furnished by the State in relation to the treatment provided is general, and
this forms part of its constitutional obligations. In this respect, they mentioned that it
is appropriate to take into account the particular and specific nature of the measure to
repair a damage caused by the State to the population; therefore, a greater effort is
required from the authorities and, in consequence, the Court cannot consider
compliance based on the general information furnished. They further alleged that, in
this specific case, it is necessary to “reduce the physical and psychological suffering of