72
labeling and stigmatizing toward the victims and families, who live spread throughout
the country’s interior, has been recorded, and the existence of violent means for
conflict resolution was detected through the impunity of the situation, community
divisions regarding the execution of reparation measures in [L]as Cruces, and
communication systems based on misinformation and rumors.” 267 The effect of this
type of measures thus contributes to the knowledge of the facts, vindication of the
families, and preserving the memories of their loved ones.
260. The Court values the fact that the State has made public its recognition of
international responsibility of April 1, 2000 on several occasions, however this
recognition does not comprise all of the facts of the instant case, which the Court has
examined as of March 9, 1987, nor the juridical consequences derived from them.
261. In order for the States’ partial recognition of responsibility performed before
the Court to have its full effects, as a guarantee of non-repetition of the grave human
rights violations declared, the Court considers appropriate for the State to perform a
public act of recognition of international responsibility. In this act, reference must be
made to: a) the facts of the massacre and b) the facts of the instant case and the
human rights violations declared in the instant Judgment, against 155 victims, two of
which are survivors of the massacre.268
262. The performance and specifics of this public ceremony must be held, to the
extent possible, with the victims’ agreement and cooperation, if they so desire.
Additionally, it must be guaranteed that the victims who have the possibility of going
to the event do so, for which the State must cover their transport expenses.
Likewise, due to the specific characteristics of the instant case, and with the goal of
creating awareness of the consequences of the facts of the case, high representatives
of the State and Judges of the Supreme Court of Justice and the Constitutional Court
of the Republic of Guatemala must be present at this event.
263. Regarding the documentary video on the facts of the Massacre of the Las Dos
Erres Community, which the State already created, the Court considers that it must
be shown during the public ceremony. Additionally, the State must show the video at
a public act in the capital of Petén and in a department of the western area in which
grave human rights violations occurred during the internal armed conflict. High
representatives of the Department and Municipalities must be present at these
events. These acts must be organized with the participation of the victims or their
representatives. Additionally, the video must be distributed as widely as possible
among the victims, the representatives, and the universities in the country, for its
promotion and subsequent showing.
264. To perform these acts, the State has one year as of the date of notification of
this Judgment.
c)
Construction of a monument
265. The Court deems it pertinent to order the Court to build a monument in
memory of those deceased during the massacre of Las Dos Erres community, at the
place where the facts occurred. This monument must bear a plate which refers to the
massacre and provides the name of those individuals, so as to preserve their
267
268
Expert opinion of Nieves Gómez Dupuis, supra note 266, f. 628.
Cf. Case of the Ituango Massacres v. Colombia, supra note 17, para. 406; Case of Cantoral
Huamaní and García Santa Cruz v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment
of July 10, 2007. Series C No. 167, para. 193, and Case of Kawas Fernández v. Honduras, supra note 21,
para. 202.
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