2
Villacorta Arrivillaga, Juan Carlos Villacorta Arrivillaga, María Isabel Villacorta Arrivillaga, José
Arturo Villacorta Arrivillaga, Rosa Everilda Mansilla Pineda, Lisbeth Azucena Rivas Mansilla,
Dalia Yaneth Rivas Mansilla, César Aníbal Rivas Mansilla, Nixon Rigoberto Rivas Mansilla, Sonia
Lisbeth Hernández Saraccine, Alejandro Ávila Hernández, Sydney Ávila Hernández, María Paula
González Chamo and María Nohemi Guzmán, in the terms of said paragraph and of paragraphs
97 to 100.
8.
The State pay the amount established in paragraph 145 of th[e] Judgment to Martha
Arrivillaga de Carpio and to Rodrigo and Jorge Carpio Arrivillaga for costs and expenses, in the
terms of said paragraph.
[…]
2.
The Order of the Court of July 10, 2007, in which it declared:
1.
That [...] the State ha[d] fully complied with the requirement to publish the relevant
parts of the Judgment in the Official Gazette, in another newspaper with national circulation and
in the bulletin of the armed forces (fifth operative paragraph of the Judgment).
2.
That [...] the State ha[d] partially complied with the following operative paragraphs of
the Judgment on the merits, reparations, and costs:
a)
payment of the compensation awarded for pecuniary and non-pecuniary
damages (sixth and seventh operative paragraphs of the Judgment), and
b)
payment of the amount awarded for costs and expenses (eighth operative
paragraph of the Judgment).
3.
That it w[ould] keep the proceeding open in order to monitor compliance with the
obligations that remain unfulfilled in this case, namely:
a)
investigation, identification, and punishment of the perpetrators and
masterminds of the extrajudicial execution of Messrs. Carpio Nicolle, Villacorta Fajardo,
Ávila Guzmán, and Rivas González, as well as the serious injuries to Sydney Shaw Díaz
(first, second, and third operative paragraphs of the Judgment);
b)
holding of a public ceremony to acknowledge its responsibility (fourth
operative paragraph of the Judgment)
c)
payment of the unpaid balance of the amounts awarded for pecuniary and
non-pecuniary damages (sixth and seventh operative paragraphs of the Judgment),
and
d)
payment of the unpaid balance of costs and expenses (eighth operative
paragraph of the Judgment).
3.
The Order of the President of the Court (hereinafter “the President”) of
November 18, 2008, in which, in consultation with all other judges of this Court, it was
decided to call the Inter-American Commission on Human Rights (hereinafter “the
Commission” or “the Inter-American Commission”), the Republic of Guatemala
(hereinafter “the State” or “Guatemala”) and the representatives of the victims
(hereinafter “the representatives”) to a private hearing in order to obtain information
from the State regarding compliance with the Judgment and to hear the comments of
the Commission and the representatives in that regard.
4.
The private hearing held at the seat of the Court in San José de Costa Rica on
January 20, 2009.1 During the course of said private hearing, the State, the
1
In accordance with Article 6(2) of the Rules of Procedure, the hearing was held before a commission
of Judges composed of: Judge Diego García-Sayán, Vice-President; Judge Leonardo Franco and Judge
Rhadys Abreu Blondet. The following persons appeared at the hearing: on behalf of the Inter-American
Commission: Juan Pablo Albán-Alencastro; on behalf of the victims and their representatives: Karen Fischer,
victim, and Gisela De León, Francisco Quintana and Marcela Martino from the Center for Justice and
International Law (CEJIL) and, on behalf of the State: Ruth del Valle Cóbar, Chairman of the Presidential