8. It is also alleged that Guatemala did not conduct a meaningful, independent, diligent, and effective investigation within a reasonable time, violating the rights of the surviving victims and families of the deceased to a fair trial, judicial protection, and the right to the truth, in accordance with its obligations under Articles 8 (1) and 25 (1) of the Convention. Furthermore, the State is alleged to be responsible for violating the right of access to information recognized at Article 13 of the Convention, taken in conjunction with Article 1 (1) thereof. In addition, the State is said to have violated the right to humane treatment of the surviving victims and their relatives, in breach of Article 5 of the Convention, by reason of the mental suffering and fear caused by what happened, the circumstances with which they had to contend as a result of the massacre, and the frustration and impotence that the fruitless investigation of the events and the resulting impunity caused them. Finally, the petitioners argue that the State violated its international obligations with respect to the rights of the child, in violation of Article 19 of the Convention, to the detriment of the children who were extrajudicially executed, those whose whereabouts are unknown, and those survived, given the circumstances with which they were confronted both during and after the massacre. B. The State 9. The State did not submit any observations during the merits stage. However, the briefs that the State presented during the processing of this case include a recognition of international responsibility and information about progress in the area of reparations in the framework of the friendly settlement process. Indeed, as a result of its acceptance of responsibility, the State agreed with the petitioners and their representatives to award economic compensation to the surviving victims for consequential and material losses (per family group), and to the families of deceased victims, for consequential losses, loss of earnings, and moral injury. 10. According to the information provided by the State, those economic reparations were made to 251 family groups, out of a total of 258, in the amount of Q. 14,407,360.00. With respect to the seven families that have not yet been awarded compensation, Guatemala says that they have not accredited their status as victims or as relatives of victims. Guatemala notes that upon receiving payment, the 251 family groups expressly and voluntarily pledged not to bring any future monetary claims in connection with the massacre of Los Josefinos and issued the State a full release and discharge. Furthermore, the State did not impose the economic compensation on the petitioners, nor did said compensation arise from a national process of reparation, but from proceedings at the international level; also, it did not originate from mechanisms for reparation granted at the domestic level, since the amounts paid were significantly higher. 11. The State also asserts that it effectively fulfilled several commitments for restoration of moral dignity, in keeping with the petitioners’ wishes and requests, including: (i) an act of public recognition of responsibility; (ii) the broadcast of a radio program; (iii) the reimbursement of procedural expenses to FAMDEGUA; and, (iv) the construction of a monument where the victims’ remains were deposited and on which a plaque was put up to their memory. Accordingly, it requests that the economic reparation awarded to the 251 family groups that benefited from compensation be declared adequate and effective, and that the measures for restoration of moral dignity be recognized as effective and adequate, given that they were agreed upon and carried out in a manner that gave particular attention to the requests and wishes of the petitioners. 12. As regards the effectiveness and promptness of the domestic proceedings, Guatemala says that the investigation has been meaningful, impartial, and diligent but that “it has not yet been legally and materially possible to conclude the investigation, making it possible to bring an indictment and commit to trial those who might be potentially responsible.” Although various steps have been taken to throw light on the events, for the time being, “attempts to establish responsibilities in relation to the events connected with the massacre at Los Josefinos have not succeeded.” Referring to the complexity of the case, the State said, in addition, that “those events [only] came to the knowledge of the State ... 14 years after they took place.” As to the conduct of the judicial authorities, the State requested the Commission to appraise the steps and procedures carried out in the investigation as a whole, which would demonstrate that they were not fruitless. Finally, the State broadly invokes Guatemala’s Criminal Code and a series of the country’s special criminal laws and procedural standards that, it says, guarantee the rights of victims in cases of this nature. 3

Select target paragraph3