259. The Court also notes that in the Judgment delivered in the case of Gudiel Álvarez
et al. (“Diario Militar”) v. Guatemala, it ordered the State to provide psychological or
psychiatric treatment to B.A., D.A., E.A., F.A. and G.A., among other victims, if they so
requested. 370 Accordingly, the Court wishes to clarify that the psychological and
psychiatric treatment ordered in this Judgment may be provided jointly with that offered
in the case of Gudiel Álvarez et al. (“Diario Militar”).
C.3. Satisfaction
260. The representatives requested that the Court order the State to publish this
Judgment “at least in the Official Gazette and in the two newspapers with the widest
national circulation.” The State “acknowleg[ed] that as part of the obligations acquired
upon accepting the Court’s contentious jurisdiction […,] it must publish any Judgments
delivered against it.” However, it “consider[ed] that there is no reason why it should incur
additional publishing expenses, [since] the Judgments are published in its own media
[…]”. The Commission did not refer to this point.
261. As it has done in other cases, 371the Court considers it pertinent to order the State
to publish, within a period of six months from notification of this Judgment: a) an official
summary of this Judgment prepared by the Court, once, in the official Gazette; b) an
official summary of the Judgment prepared by the Court, once, in a newspaper with wide
national circulation, and c) the Judgment in its entirety, keeping the names of the victims
confidential, and available for at least one year on an official website of the State of
Guatemala.
C.4. Guarantees of non-repetition
C.4.1. Public policy for the protection of human rights defenders
262. The Commission and the representatives asked the Court to order the State to
adopt measures of a legislative, institutional, judicial or, in the case of the representatives,
administrative nature, aimed at reducing the risks faced by human rights defenders. The
State reiterated that it was not proven that Mr. A.A. was a human rights defender or that
his death was “related to his supposed role as a defender […].” It also held that it “has
already adopted the measures required in this regard by the Commission […]”.
263. In relation to the adoption of measures to reduce the risks faced by human rights
defenders, this Court has established that the State has planned and/or implemented
various measures aimed at addressing those risks (supra note 74). However, Guatemala
did not provide the Court with information about their effectiveness. Consequently, the
State must implement, within a reasonable time, a public policy for the protection of
human rights defenders, taking into account, at least, the following requirements: 372
a) the participation of human rights defenders, civil society organizations and experts
in the formulation of standards for the regulation of a program for the protection of
the group in question;
b) the protection program should adopt a comprehensive and inter-institutional
approach to this problem, based on the risk posed by each situation and adopt
immediate measures to address complaints by defenders;
c) the creation of a risk analysis model to adequately determine the risk and the
protection needs of each defender or group;
d) the creation of an information management system on the status of the prevention
and protection of human rights defenders;
e) the design of protection plans in response to specific risks faced by each defender
and to the nature of his/her work;
f)
the promotion of a culture of legitimization and protection of the work of human
rights defenders, and
g) the provision of sufficient human and financial resources to respond to the real
needs for protection of human rights defenders.
370
371
372
Cf. Case of Gudiel Álvarez et al. ("Diario Militar") v. Guatemala, supra, para. 339 and Annex.
Cf. Case Cantoral Benavides, supra, para. 79, and Case of Luna López v. Honduras, supra, para. 230.
Cf. Case of Luna López v. Honduras, supra, para. 243.
75
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