possibilities of its residents carrying out their traditional work activities and spiritual
practices. Consequently, the Court orders the State to design and implement, within one
year of notification of this Judgment, a program for the rescue of the Maya Achí culture. To
this end, within three months, the State, in consultation with the victims and their
representatives, must draw up a timetable with short- and medium-term goals to comply
fully with this measure within the established time frame. The purpose of this program will
be the rescue, promotion, dissemination and conservation of the ancestral customs and
practices, based on the values, principles and philosophies of the Maya Achí people and, in
particular of the community of Río Negro. This program should create a space for the
promotion of the community’s artistic, linguistic, and cultural expressions. The program
must be designed and executed with the active participation of the members of the Río
Negro community and their representatives. The State must provide reasonable logistic and
budgetary resources through legal, administrative or any other mechanism to guarantee the
viability and continuity of the program.
C.2.
Rehabilitation measures
286.
The Commission asked the Court to order “the implementation of an adequate
program to provide psychosocial care to the survivors and families of the victims who were
executed or disappeared […].” For their part, the representatives asked the Court to order
the State to provide free psychological care “to the victims of the Río Negro massacres,”
“accompanied [by] the medicines required for [their] effective treatment and eventual
recovery […].” During the public hearing, the representatives clarified that the said care
must be “culturally appropriate”, [and that] there [was] no need to make large investments
in order to provide this care, [because] there are many resources in [the] community [of
Río Negro …]; the elderly, the midwives, the traditional healers […].” The State “offer[ed] to
facilitate the improvement of psychological assistance in order to provide the services
required by the Guatemalan population [sic] through the Ministry of Public Health and Social
Assistance,” and “to make the necessary arrangements with this public institution, so that
the next of kin of the victims receive the said care for as long as necessary.”
287
The Court finds, as it has in other cases,357 that it is necessary to order a measure of
reparation that provides adequate care for the psychological and physical ailments suffered
the victims as a result of the violations established in this Judgment.
288. In this regard, during the public hearing of this case, expert witness Rosalina Tuyuk
stated that:
“The psychosocial care must have a specific identity; in other words, the Mayan peoples never go to
psychologists, instead [their] psychology is cared for with the sacred fire [and …] with medicinal
plants. […] The State’s policy does not include the ancestral practices of [their] people; therefore,
[…this] is an occasion for the State to recognize all these practices […] so that […] this process of
psychosocial care may truly support all those who were victims of rape and other types […] of
violation.”
289. Therefore, in order to contribute to the reparation of this harm, the Court orders that
the State provide, free of charge and immediately, to the victims who so wish, and following
their informed consent, medical and psychological treatment for as long as necessary,
including the supply of medicines, also free of charge. The medical and psychological
treatment must be provided by State institutions and personnel. Based on the
357
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs, supra, para. 51(e), and Case of Pacheco
Teruel et al. v. Honduras, supra, paras. 116 to 118.
98
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