representatives’ request, this medical and psychological care may be provided by the
healers of the Maya Achí community, in keeping with their own health practices and using
traditional medicines;358 accordingly, the State must reach an agreement with the
representatives on the way in which this reparation will be executed.
C.3.
Guarantees of non-repetition
C.3.1. Training for prosecutors, judges and members of the military forces
290. The Commission asked the Court to order the State “to implement permanent
programs on human rights and international humanitarian law in the training establishments
of the armed forces.” The representatives asked the Court to order the State “to train
judges and prosecutors on human rights issues and [on] the significance of the violations of
these rights for the appropriate processing of court cases involving serious human rights
violations.” The State “undert[ook]” to continue offering training sessions for judges and
prosecutors through institutions such as “the Educational Department of the Presidential
Commission for Coordination of the Executive’s Human Rights Policies,” “the National
Commission for Monitoring and Supporting the Strengthening of the Justice System,” and
the jurisdictional instances.
291. The Court assesses positively the State’s willingness to execute the said program.
Nevertheless, this Court has also noted the impunity of the facts of the instant case (supra
para. 236); therefore, it is important to enhance the State’s institutional capacities by
training judges, prosecutors and members of the Armed Forces in order to avoid a repetition
of facts such as those analyzed in this case.359 In this regard, the Court recalls that, in the
judgment delivered in the case of Myrna Mack Chang v. Guatemala, the State was ordered
“to include in the training courses for members of the armed forces, the police, and its
security agencies, training on human rights and international humanitarian law.”360
Furthermore, in the judgment handed down in the case of the Dos Erres Massacre v.
Guatemala, it also stipulated that the State must “implement training courses on human
rights for different State authorities.”361
358
See, the United Nations Declaration on the Rights of the Indigenous Peoples, Article 24: 1. Indigenous
peoples have the right to their traditional medicines and to maintain their health practices, including the
conservation of their vital medicinal plants, animals and minerals. Indigenous individuals also have the right to
access, without any discrimination, all social and health services. 2. Indigenous individuals have an equal right to
the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary
steps with a view to achieving progressively the full realization of this right.
See also, ILO Convention concerning Indigenous and Tribal People in Independent Countries, 1989 (No. 169):
Article 25: 1. Governments shall ensure that adequate health services are made available to the peoples
concerned, or shall provide them with resources to allow them to design and deliver such services under their own
responsibility and control, so that they may enjoy the highest attainable standard of physical and mental health. 2.
Health services shall, to the extent possible, be community-based. These services shall be planned and
administered in co-operation with the peoples concerned and take into account their economic, geographic, social
and cultural conditions as well as their traditional preventive care, healing practices and medicines. […]
In the publication Convention No. 169 on indigenous and tribal peoples 1989 (No.169): A manual (2003), p. 60,
the ILO establishes guidelines for health programs. Among other matters, the said programs must: (i) be
community-based; (ii) be complementary to traditional healing practices and should include them; (iii) have the
active involvement of the community; (iv) train local people to work to provide health care, and (v) Governments
should provide the resources for these health care services, as they do for all citizens.
359
Cf. Case of El Caracazo v. Venezuela. Reparations and costs, supra, para. 127, and Case of Contreras et
al. v. El Salvador, supra, para. 186(b).
360
Case of Myrna Mack Chang v. Guatemala, supra, para. 282.
361
Case of the Dos Erres Massacre v. Guatemala, supra, twelfth operative paragraph.
99
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