66
b) Public act of acknowledgement of international liability
246. The representatives requested that a public act of acknowledgement of international
responsibility be carried out, led by the President of the Republic, in which the State asks
the Chitay Rodríguez family and the community in which Florencio Chitay carried out his
public activity for forgiveness. At the same time, they requested this act to be carried out in
San Martín Jilotepeque, and with wide national coverage and with simultaneous
interpretation in Kaqchikel.
247. The State pointed out that “it expressed its goodwill to include the [aforementioned]
request within a process of [f]riendly [s]ettlement.” Likewise, the State pointed out that the
PNR includes as a form of compensation, the restoration of the dignity of the victims.
248. In that regard, the Tribunal positively assesses that the State implement
mechanisms to dignify the victims of the internal armed conflict. Nevertheless, this Tribunal
deems it necessary for the State to carry out a public act of acknowledgement of
responsibility for the facts of the present case as reparation to memory of Florencio Chitay
Nech, which should be carried out in both Spanish and kaqchikel. In such act, reference
should be made to the human rights violations declared in the present Judgment. Likewise,
it should be carried out through a public ceremony in presence of high ranking State
officials, and the next of kin of Mr. Chitay Nec. The State and the next of kin of Mr. Chitay
Nech and/or their representatives should agree upon the modality of fulfillment of the public
act of acknowledgement, as well as the specifics required, such as the place and the date in
which it shall be carried out.259
c) Measures in memory of Florencio Chitay Nech
249. The representatives requested the Court that the Semetabaj Institute be named
Florencio Chitay and the career choice of agronomist expert for youth of the region be
implemented for youth that do not have access to secondary education. On the other hand,
they requested the designation of a school, that shall receive financial recourses to grant
“Florencio Chitay” scholarships so as to encourage the leadership of indigenous children and
youth in Guatemala. In turn, the State reiterated its willingness to include the designation
of: street, square, school, town hall, or center, with the name of the victim, within a process
of friendly settlement.
250. It should be pointed out that several expert opinions and declarations presented
before this Tribunal, have highlighted the importance of the labor of the indigenous leaders
in their communities, and particularly the municipal, departmental, and national, labor and
leadership, of Florencio Chitay, who always fought for the wellbeing of his community and
served selflessly. (supra para. 112).
251. In the particular case, with the purpose of preserving the memory Florencio Chitay
Nech in the community that he belonged to, the State, in coordination with the victims,
shall place, in a public place significant to the next of kin, in the community of San Martín
de Jilopequete, a commemorative plaque with the name Florencio Chitay Nech and
reference to the activities he carried out. This plaque will serve to raise the public
conscience to avoid the repetition of facts like those that occurred in the present case, and
259
Cf. Case Radilla Pacheco V. México, supra note 12, para. 353, and Case Dos Erres Massacre V. Guatemala,
supra note 12, para. 262.
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