8
20.
In its report of January 5, 2010, the State reiterated that "work meetings were
held with the representatives of the Fondo Guatemalteco para la Vivienda [Guatemalan
Housing Fund] (hereinafter, “FOGUAVI”) and the legal representatives of the
beneficiaries [in order to] examine the adequate mechanisms to carry out the housing
project” and, as a result of this, "in [the month of] December 2008, FOGUAVI and
COPREDEH entered into an Inter-Institutional Agreement” for the term of one year,
which was renewed for one additional year.
It also informed that, within the
framework of said Agreement, the representatives were requested to present “the case
file of each one of the beneficiaries” in order to analyze said documentation and the
socio-economic studies "to construct and/or improve each one of the beneficiaries’
houses". It further argued that the representatives, who had presented 208 case files
to the State with the requested documentation, sustained that several beneficiaries
had moved to other areas of the country and that they did not know where they were
located. Finally, the State pointed out that it is waiting for these cases to be forwarded.
21.
In its report submitted on August 18, 2010, the State repeated that the
Institutional Cooperation Agreement has been signed and it pointed out that in the
case of Plan de Sánchez Massacre, the "Presidential Commission held an informative
meeting on May 20, 2010 [...] so that the representatives of the institutions involved
would inform the leaders of Plan de Sanchez village [...] of the procedure to be
followed in order to carry out the housing project; as well as to seek their support to
present the necessary information and documentation to comply with the requirements
established by the institutions involved”. The State sustained that, on said occasion,
“the petitioners gave their approval to begin the housing project […].” In the report
presented on December 1, 2010, the State pointed out, in reference to the
representatives’ allegations related to the housing issue, that "from 2008 until the
signing of the inter-institutional cooperation agreement […] on July 28 [2010], the
legal representatives of [Centro para la Accion Legal en Derechos Humanos {Center for
Human Rights Legal Action} (hereinafter, "CALDH")] and the petitioners were fully
aware of the housing project" and that, now, the leaders of the communities of Plan de
Sanchez and Ixchel expressed their disagreement with the dimensions of the houses
and that the leader of the small village of Joya Ramos stated that the community has a
skeptical attitude towards compliance with this measure.
The State considered “it
was worrying that after the housing project procedure, the petitioners still expressed
their disagreement.” Lastly, it informed that “97 out of the 208 case files that were
forwarded by the representatives [to FOGUAVI] were approved to start the
construction of the houses in the following weeks.” It further alleged that CALDH, as a
representative and advisor for the petitioners, must complete the remaining 111 case
files by 2011.
22.
In its observations of March 15, 2010, the representatives informed that they
are waiting to convene a meeting with FOGUAVI to determine the specific progress
made so far to comply with this measure, after FOGUAVI made the first visit to the
community. To this end, they emphasized the need “for those who are assigned with
the task of constructing [the] housing […] to learn about the acts that took place in the
community and the Judgment that was delivered.” Moreover, they highlighted that
said measure, much like the others, “must be restorative and not re-victimizing,
therefore compliance therewith cannot be just another housing construction project,
but rather the actual reconstruction of a community, their inhabitants and the social
fabric”. Furthermore, in the observations of October 25, 2010, the representatives
alleged that on September 22, 2010, a meeting was held with the representatives of
governmental institutions (COPREDEH, FONAGUAVI, PNR and FONAPAZ) to deal with
the issues related to the requirements needed to grant a housing subsidy. In this