5
international laws and jurisprudence,5 to comply with operative paragraph one of the
Judgment. The State has the duty to intensify its efforts and take all pertinent actions,
as soon as possible, to make progress in the investigations, in an effective manner, in
order to identify, prosecute and, if applicable, punish those responsible for the
massacre.
10.
Consequently, the Tribunal reiterates to the State that it must forward clear,
detailed and updated information on the progress made in the investigation and,
especially, regarding: a) the authority in charge of the investigation and its
identification number; b) the current status of the proceeding conducted against the
persons who "were identified" as allegedly being responsible for participating in the
Plan de Sánchez Massacre; c) a list of the different action taken and its outcome; and,
d) a schedule for the steps that will be taken to identify, prosecute, and possibly
punish those responsible. Once this information is received, this Tribunal shall assess
the status of compliance with operative paragraph one of the Judgment.
B)
Delivery to the victims, and dissemination in the Municipality of
Rabinal, of the American Convention on Human Rights and of the Judgments
on merits, reparations and costs (operative paragraph four of the Judgment)
11.
By means of the brief of January 7, 2010, the State informed that COPREDEH
worked for the Academia de Lenguas Mayas [Guatemalan Academy of Mayan
Languages] to translate the American Convention into Maya Achí and that, through
COPREDEH, the translated document was delivered to the Achí language community on
October 30, 2009 in the Municipality of Rabinal. Moreover, it reported on the
submission of the translations of the judgments published in Spanish and Achi in the
print media titled “El Periódico” on October 5 and 7, 2008. Therefore, the State
requested that the Court consider that this commitment has been fulfilled.
12.
The representatives, though they acknowledged the delivery of the translations
of the American Convention, and the judgments published in Spanish and Maya Achí in
the print media, to the victims of this case and other persons invited to the ceremony
of October 30, 2009, they did not consider that this commitment had been fulfilled.
They stated that the dissemination procedure, according to the terms of operative
paragraph four, has not been carried out, given that the mere delivery of said
documents to the victims cannot be construed as sufficient dissemination of its
content. They further added that “the content should be communicated to those
persons unaware of this proceeding, and the result thereof, brought before the InterAmerican System, and not just to those persons who encouraged the proceeding.” In
addition, they reiterated that several proposals were presented to COPREDEH, on
various occasions, regarding the appropriate manner to disseminate these documents,
given that many of the people who received it, even though they are Maya Achi
speakers, "cannot read and write.” Lastly, they mentioned that said dissemination
procedure should be more comprehensive “so that this measure is part of the
guarantee of non-repetition and collective memory.” In this respect, they suggested,
as a first proposal, that the dissemination procedure should be carried out over the
radio at pre-established hours or within the framework of the “seminars with teachers
5
Cf. Case of Bámaca Velásquez v. Guatemala. Monitoring Compliance with Judgment. Order of the
Court of January 27, 2009, Considering Clause thirty; Case of Ivcher Bronstein v. Peru. Monitoring
Compliance with Judgment. Order of the Court of August 27, 2010, Considering Clause eleven, and Case of
Bámaca Velásquez v. Guatemala. Monitoring Compliance with Judgment. Order of the Court of November
18, 2010, Considering Clause twenty nine.