35 98. In the same sense, the expert Helen Mack, stated that: Even though it is true that Centers for the Administration of Justice were opened in three different regions, since there aren’t roads available many times this becomes ineffective, for example, moving from one town to another by foot takes more than six hours […], that on one hand, and on the other hand we can mention the economic cost this implies because if you go by foot, you have to miss several days of work in order to go to the justice system and if you are going to travel by vehicle it is more difficult because there are not enough roads to be able to do so. Of course there are currently a few more, but the cost of moving is very expensive. There was also a program for translators in justice matters, there was a program in which 300 translators were trained, and of these 300 translators the Supreme Court of Justice only hired 60, there was a follow-up of these 60 translators and it was established that many of them did not speak all the languages of the indigenous groups and some of them do not even speak one indigenous language, nor are they in the regions where they should be, thus these translators are not accessible to the indigenous people. 99. The Court warns that access to justice and the special protection that must be granted to indigenous communities is regulated in the Constitution of the State of Guatemala.106 However, this Tribunal has established that “the legislation itself is not enough to guarantee full effectiveness of the rights protected by the American Convention, instead it entails the need of a governmental behavior that ensures the existence, in reality, of an effective guarantee of the free and full exercise of human rights.”107 100. This Tribunal considers that in order to guarantee the victims’ right to a fair trial –as members of the Maya indigenous community- and that the investigation of the facts of the case under study be performed with due diligence, without obstacles or discrimination, the State must ensure that they understand and are understood in the legal proceedings started, thus offering them interpreters or other effective means for said purpose. Similarly, the State shall guarantee, as far as possible, that the victims of the present case do not have to make excessive or exaggerated efforts to access the centers for the administration of justice in charge of the investigation of the present case. Without detriment to the aforementioned, the Court considers it necessary to order the State to pay an amount for future expenses, as a way of guaranteeing that the victims can act as plaintiffs in the criminal proceedings started before the ordinary justice system (infra para. 128). 106 The Constitution of Guatemala establishes that: Article 29.- Free access to the courts and dependencies of the State. All persons shall have free access to the State’s courts, dependencies, and offices, in order to exercise their actions and assert their rights pursuant with the law. […] Article 58.- Cultural Identity. The right of persons and communities to their cultural identity according to the values, language, and customs is acknowledged. Article 66.- Protection to ethnical groups. Guatemala is formed by different ethnical groups among which there are indigenous groups of Mayan descent. The State acknowledges, respects, and promotes their life style, customs, traditions, forms of social organization, the use of the indigenous clothing in men and women, languages, and dialects. 107 Cfr. Case of the Pueblo Bello Massacre v. Colombia, supra note 1, para. 142; and Case of the Sawhoyamaxa Indigenous Community v. Paraguay, supra note 104, para. 167.

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