5
9.
That, as regards to the fourth operative paragraph of the Judgment (supra
Having Seen clause No. 1), which provides for the obligation to publicize the text of the
Convention and the Court’s Judgments in the municipality of Rabinal and the obligation
to provide a copy thereof to the victims in the instant case, the State expressed that, on
paying the third installment, which was done on January 11, 2008, it provided each
beneficiary with a copy of the “popular version” of the published Judgment, in MayaAchí and Spanish. It also stated that it had complied with its obligations to publish and
publicize said judgments. Lastly, it reported that publication and publicizing of the text
of the Convention in the Maya-Achí language was still pending (supra Having Seen
clause No. 3).
10.
That the representatives noted that the beneficiaries had welcomed said
publication, notwithstanding which they had realized “[…] that said version […] does not
conform to all of the relevant operative paragraphs.” Furthermore, they noted that the
State has failed to publicize the Judgment in the Municipality of Rabinal and to publish
the American Convention in the Maya-Achí language. Moreover, they stated that the
State had failed to reply to their proposal regarding the method through which such
texts should be disseminated, which included an audio version intended to allow access
thereto by illiterate individuals (supra Having Seen clause No. 4).
11.
That the Commission expressed its satisfaction with the provision of the text of
the Judgments to the victims, noting that it was awaiting information regarding the
publicizing of the Judgment in the Municipality of Rabinal. It also insisted on the
importance “[…] of involving and consulting with the injured party regarding the most
effective mechanisms for the reproduction and publicizing process […],” so that it is
conducted in a manner that conforms to the spirit of the reparation ordered by the
Court (supra Having Seen clause No. 5).
12.
That, based on the information submitted by the parties and the analysis of the
evidence presented, as regards to the dissemination of the Judgments on Merits and on
Reparations, the Court notes that the State provided a document written in both the
Maya-Achí and Spanish languages, providing an account of the context in which the
massacre took place, as established in the Judgment on Merits, along with a
summarized list of the proven facts and operative paragraphs Ns. 1 to 5 and 7 to 9 of
the Judgment on Reparations. Consequently, the Court finds that, by publishing and
delivering said documents to the victims, the State has disseminated the Judgments in
the Municipality of Rabinal and partially complied with the fourth operative paragraph of
the Judgment on Reparations. However, it urges the State, to the extent possible, to
broadly disseminate said document in the Municipality of Rabinal, irrespective of the
means used therefore, taking the meaning and scope of the Judgment into
consideration. Moreover, the Court finds, as established in item (a) of the second
operative paragraph of its Order of November 28, 2007, that the State has complied
with its obligation to have the Convention translated into the Maya-Achí language.
However, it should be noted that delivery of the American Convention to the victims and
its dissemination in the Municipality of Rabinal are still pending, which necessarily
requires that the State report to this Court on any progress made in complying with the
related orders contained in the Judgment on Reparations.
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