12
d)
regard, save for the processes of demonstrating identity, the
Commission deemed “that it would not be pertinent, for example, to
demand additional evidence under domestic venue from those who
have been explicitly found by the Inter-American Court to be victims
or beneficiaries of the reparations ordered,” and
regarding to whether the obligation set forth in the Judgment has been
fulfilled when one of the beneficiaries has been granted housing by a
government program, the Commission stated that this “is not a matter
for interpretation of the Judgment,” as it is not in accordance with a
need for “precision of a text, [...] regarding what was decided in one
of its operative paragraphs [or] regarding establishment of the scope,
the meaning, or the purpose of its considerations.” If the Court were
to address this matter, “it would have to offer an abstract opinion that
might affect the process of compliance in this case or in others,
without having taken into account all the necessary facts.” It also
pointed out that “the exercise of answering generic or abstract queries
is more appropriate for the advisory role than the adjudicatory
jurisprudence.” Therefore, for the Court to address this type of
situations “it is indispensable that the query be placed in the context of
concrete situations, in which both the State and the person possibly
affected may submit their viewpoints to the Court.” Therefore, the
Commission deemed “that this type of query should be addressed as
part of the process of compliance with the judgment.”
Pleadings of the representatives
38.
Regarding to the aforementioned request made
representatives stated, in connection with this matter, that:
a)
b)
c)
by
the
State,
the
establishment of the scope of the measure of reparation ordered by
the Court and its meaning as such for the next of kin of the victims
makes it necessary to consider the circumstances, the gravity, and the
nature of the facts heard by the Court;
the scope of the measure of reparation mentioned by the State must
be interpreted on the basis of the jurisprudence invoked by the Court
itself to provide support for its decision, specifically the provisions of
the case of the “Plan de Sánchez” Massacre vs. Guatemala;
the housing program must respect the current family groups, that is,
each next of kin who was displaced has the right to a house. The next
of kin who live together (for example, the parents of the victim) will
receive a single house, while the others (brothers or sons who have
left the home and established their own families) will receive their own
houses. In this regard, the representatives stated that “[i]t is not
realistic to expect that all the members of a family group, plus their
spouses and children (which in some families amounts to 50 or more
individuals) could live in a single house, bearing in mind the obligation
to ‘provide adequate space’.” Furthermore, many of the next of kin of
the victims, at the time of the facts, did not necessarily live in the
same house as the victims, because they had different though nearby
dwellings. In other words, it must be understood that “the measure of
reparation ordered by the Court must apply to each family group of
each of the next of kin of the victims identified in the Judgment and
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