12
35.
In its observations, the representatives deemed it necessary for the State to
provide specific information on the “action taken to pay the corresponding
compensatory amounts to the beneficiaries who, to date, had not claimed them". They
further argued that said amount, according to the terms of paragraph 121 of the
Judgment (supra Having Seen 2), should be deposited in dollars and in the most
favorable terms in a solvent institution in order to guarantee prompt access thereto
whenever the victims claim it.
36.
The Commission stated that, regarding the information furnished by the parties,
it is waiting for details on the deposits made to the people who had still not claimed
their financial reparation.
37.
The Court notes that the reports presented by the State and the observations of
the representatives do not provide information about the persons who had still not
appeared before the competent authorities to receive the corresponding compensation,
or the status of the payments to persons with similar names, information that the
Tribunal has repeatedly requested from the State and the representatives. Likewise,
the State has not informed on the opening of an account or issuance of a deposit
certificate in a banking institution in order to guarantee payment to the people in the
circumstances set forth in paragraph 121 of the Judgment.
38.
In view of the fact that there is no sufficient information to assess the state of
compliance with all the compensatory payments ordered in the Judgment, the Tribunal
reiterates the need for the parties to forward updated and individualized information
on the status of the outstanding compensations for victims, be it because they had not
yet appeared before the corresponding authorities or because they have identical or
similar names, as it was determined in certain cases. The forwarding of such
information in the term set forth in operative paragraph two of this Order is of utmost
importance.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercising its authority to monitor compliance with its decisions in accordance with
Articles 33, 61(1), 62(3), 65, 67, and 68(1) of the American Convention on Human
Rights, Article 25(1) and 30 of the Statue, and Article 31(2) and 69 of its Rules of
Procedure,
DECIDES:
1.
According to the terms of this Order, the State has complied with the
translation of the American Convention on Human Rights into Maya-Achí, the
dissemination of the translation in the municipality of Rabinal and its delivery to the
victims (operative paragraph four of the Judgment on Reparations).
2.
In accordance with the present Order, the State has partially complied with the
following operative paragraph in relation to the following operative paragraphs of the
Judgment on Reparations: