79
226 of the present Judgment.
9.
The Court did not find a violation of the right to domestic legal effects, consecrated
in Article 2 of the American Convention on Human Rights, nor the lack of fulfillment of
Articles II and III of the Inter-American Convention on the Forced Disappearance of
Persons, in conformity with paragraphs 120, 214, and 215 of the present Judgment.
10.
The Court does not find that it is necessary to rule on the alleged violation of the
right to property enshrined in Article 21 of the American Convention on Human Rights, in
conformity with paragraphs 26 to 30 of the present Judgment.
AND DECLARES,
unanimously, that,
11.
This Judgment constitutes, per se, a form of reparation.
12.
The State must manage efficiently, with due diligence and within a reasonable time
period, the investigation and, if it is the case, the criminal processes started in relation with
the detention and prior forced disappearance of Florencio Chitay Nech, to determine the
corresponding criminal perpetrators and effectively apply the punishment and
consequences applicable by the law, in the terms of paragraphs 232 to 237 of the present
Judgment.
13.
The State must continue with the effective search for and tracking of Florencio
Chitay Nech, in the terms of paragraphs 239 to 241 of the present Judgment.
14.
The State shall publish, once in the Official Gazette and in another newspaper with
national circulation, Chapter I; and paragraphs 19, 20, and 21 of Chapter III, paragraphs
64, 67, 68, 70 to 72, 74, to 76, 79, 88, 89, 91, 93, 99 to 103, 108, 110, 113, 116, 117,
and 12 of Chapter VIII; paragraphs 126 to 129, 133, 134, 138, 140, 141, 143, 144, 146 to
148, 150, 151, 161 to 163, 166, 167, 170, and 171 of Chapter IX; paragraphs 177, 186,
194, 195, 197 to 200, 204, 207, 209 of Chapter X; paragraphs 225 and 226 of Chapter XI,
paragraphs 229, 235, 237, 240, 241, 244, 245, 248, 251, 256 of Chapter XII; all of them
including the names of each chapter and the corresponding section -without the
corresponding footnotes-, as well as the operative paragraphs of the Judgment. The State
must transmit the official summary via radio each first Sunday of the month on at least
four occasion. The foregoing, should be carried out in Spanish and in Mayan kaqchikel. In
addition, the State must public the entire Judgment on the official web site of the State, in
the terms of paragraph 244 and 245 of the present Judgment.
15.
The State must carry out a public act of recognition of responsibility in relation to
the facts of the present case and apology in memory of Florencio Chitay Nech, in which
reference must be made to the human rights violations declared in the present Judgment,
in the presence of high ranking State officials and the next of kin of Mr. Chitay Nech. Said
act must be carried out in Spanish and in Mayan kaqchikel, in the terms of paragraph 248
of the present Judgment.
16.
The State must name a recognized street in San Martín Jilotepeque with the name
of Florencio Chitay Nech and place a commemorative plaque with his name that makes
reference to his activities, in the terms of paragraphs 250 and 251 of the present
Judgment.
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