70
Arguments of the State
71.
The State indicated that:
a)
It cannot deny the need to compensate the pecuniary and “nonpecuniary” damage caused to the victims and their next of kin from the Plan
de Sánchez village, which is irreparable;
b)
The process of paying financial reparation should begin in 2005, so
that it is duly programmed and planned in the 2005 General Budget of
Income and Expenditure of the Nation. In implementing this process, the
magnitude of the needs and rights that the State must guarantee to all its
inhabitants must be taken into account, and also the criteria established by
the Court, in the sense that the amount of the reparations should not make
the victims or their successors either richer or poorer; and
c)
The financial reparations decided must be executed within the
framework of the National Compensation Program, in accordance with the
rules of domestic legislation. Article 1 of Government Agreement No. 2582003 of the President of the Republic, published in the official gazette on May
8, 2003, stipulates that the specific purpose of the program is “to compensate
the victims of human rights violations that took place during the internal
armed conflict.” It has also been established that the beneficiaries of the
program include those resulting from cases that were submitted to the InterAmerican Commission prior to the plan, and that are pending a ruling.
Considerations of the Court
72.
In this section, the Court will determine the pecuniary damage and, in this
regard, it will establish a compensatory amount that seeks to compensate the
patrimonial consequences of the violations declared in this judgment.254 To do this,
it will take into account the evidence gathered in this case, its own case law, and the
arguments of the Commission, the representatives and the State.
73.
The Court considers that it has been proved that, among the acts of violence
committed by State agents subsequent to March 9, 1987, when Guatemala accepted
the contentious jurisdiction of the Court, the agricultural and employment activities
of the victims of Plan de Sánchez, and also the villages of Chipuerta, Joya de Ramos,
Raxjut, Volcanillo, Coxojabaj, Las Tunas, Las Minas, Las Ventanas, Ixchel, Chiac,
Concul and Chichupac, were affected. In this regard, the CEH report indicated that:
As a result of the armed conflict, the conditions of physical existence of the indigenous
communities were affected, in the context of an acute and institutionalized indigenous
poverty in rural areas and the lack of laws and social policies that protected and granted
land to the indigenous communities. This translated into financial shortages of different
types, the impossibility of acceding to resources for subsistence, dispossession, or forced
abandonment of land, and habitat deterioration, among other damage.
[…]
254
Cf. Case of the “Juvenile Reeducation Institute”, supra note 3, para. 283; Case of the Gómez
Paquiyauri Brothers, supra note 251, para. 205, and Case of the 19 Tradesmen. Judgment of July 5,
2004. Series C No. 109, para. 236.
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