said monument.” Therefore, the State indicated that “it is working on locating the
owner of the property in order to arrange the respective authorization.”
37.
The representatives stated that, more than a year after notification of the
judgment, “the explanations provided by the State to justify its delay are […]
unacceptable,” and it is “incomprehensible that the State claims that it requires more
than a year to identify the owner of the property in question, especially when most of
the victims, and the residents of the neighboring areas, know who it is.” They added
that “the State itself had to obtain permission from this person in order to exhume the
remains that were in a well on this property; hence it cannot claim that it does not
know […] his identity.” They indicated that they believe that “the State’s arguments
reveal not only poor coordination between the State institutions, but also the
reluctance to comply with this measure of reparation.”
38.
The Commission noted that the State had “indicated that it would forward
information on this matter “opportunely.” In this regard, the Commission considered
that “under this procedure to monitor judgment, the presentation by the State of
detailed and updated information is essential in order to define the progress made or
compliance with the obligations ordered by the Court.” It added that the time granted
by the Court had already expired and that “the information available does not permit
identifying the specific actions that the State has taken to construct the monument, or
the proposals made to overcome the problems that have arisen.”
39.
Based on the information provided by the parties, the Court notes that, to
date, the State has not taken any steps to build the monument in the place occupied
by the Dos Erres community in order to comply with the provisions of paragraph 265
of the judgment, and specifically its fifteenth operative paragraph. The Court considers
that the identification of the owners of the land should not represent a problem.
Therefore, the Court reiterates to the State its obligation to increase its efforts and to
take all the necessary steps, as soon as possible, to make progress in complying with
this measure of reparation. Consequently, this Court considers it essential that the
State present updated and detailed information on the steps taken to comply with this
measure, and their results.
H) Obligation to provide psychological and medical treatment to the victims
(sixteenth operative paragraph of the judgment)
40.
In its report of December 21, 2010, the State indicated that “the Ministry of
Public Health and Social Welfare is the State institution in charge of providing medical
services and psychological care.” In addition, it indicated that, on “May 12, 2010, it
had requested the legal representatives in the case to present information on the age,
identification number, and exact addresses of the beneficiaries” so as to locate them,
because many of the victims no longer live in the department of Petén. It added that
“the information requested has not been forwarded by the legal representatives,” and
that on “December 13 and 14, 2010, they sent some identification documents;
however, the State does not have the home address of the beneficiaries.”
In this regard, the representatives indicated that “it was a matter of concern
41.
that the State authorities were arguing that they are unable to obtain the personal
information of the victims more than one year after notification of the judgment, and
attempting to hold one of the representative organizations responsible for its noncompliance.” The representatives added that they are “very willing to collaborate and
help” and that, consequently, “since the first half of 2010, FAMDEGUA has made lists
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