National Palace of Culture that will be presided by the Constitutional President of the
Republic, within two months of the signature [of the agreement].”
206. The Court greatly appreciates the State’s willingness to organize a public act in which
it acknowledges its international responsibility and offers an apology for the facts of this
case and, therefore, endorses this measure in the terms agreed upon by the parties.
Moreover, as it has in other cases, 287 the Court considers that, during this act, reference
must be made to the human rights violations declared in this Judgment. In addition, the
State, in collaboration with the representatives, must try, insofar as possible, to ensure that
the next of kin of Edgar Fernando García attend the ceremony. To this end, Guatemala must
reach agreement with the victims or their representatives on the way in which the public act
of acknowledgment should be carried out, and the specific details, such as the place and
date, and must also provide those attending with the necessary transportation and logistics,
inter alia, for this purpose.
C.1)
Measures to commemorate and pay homage to the victim
C.2.a) Construction of cultural and commemorative spaces to dignify
the victims of human rights violations
207. The representatives indicated that the premises of the Polytechnic School were used
during the armed conflict “as a secret prison and a place where the Guatemalan people
were tortured”; therefore, they considered it necessary that the premises “be modified in
order to establish a museum for the historical memory, in which the new generations would
be shown the violations that occurred during the internal armed conflict and non-repetition
would be ensured.” For its part, the State indicated in its answering brief that, in an
advisory opinion, the State Property Department of the Ministry of Finance had indicated
that it was impossible to establish a museum on the premises of the former Polytechnic
School because the building “is administered by the Ministry of Defense,” and therefore it
could not grant the request of the President of the COPREDEH. However, it undertook “to
continue taking steps with regard to the measure of reparation.”
208. Subsequently, in the reparations agreement, the State undertook, “in a coordinated
and complementary effort between the State and civil society, to promote the initiative
known as the ‘Concord Memorial, under which it would facilitate the construction of
commemorative and cultural spaces in which the victims of human rights violations and, in
general, all the victims of the internal conflict, would be dignified, with the goal of
conciliation and concord, emphasizing the truth as a component of justice.”
209. The Court assesses positively the commitment made by the State and, therefore,
endorses this measure in the terms of the reparations agreement.
210. Additionally, the Court recalls that in the Judgment delivered by this Court in the
Case of Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala, 288 it ordered the State to
construct a park or a plaza to honor the memory of the victims in that case. In view of the
287
Cf., inter alia, Case of Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001.
Series C No. 88, para. 81; Case of Gelman v. Uruguay. Merits and reparations, supra, para. 266; Case of Kawas
Fernández v. Honduras, supra, para. 202; Case of Gomes Lund et al. (Guerrilha do Araguaia) v. Brazil. Preliminary
objections, merits, reparations and costs. Judgment of November 24, 2010, para. 277, and Case of Nadege
Dorzema et al. v. Dominican Republic, supra, para. 265.
288
Cf. Case of Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala. Merits, reparations and costs. Judgment of
November 20, 2012. Series C No. 253, para. 351 and seventh operative paragraph.
70