10
appear before the representatives or the State to prove their status as victims (supra
Having Seen clause No. 3).
35.
That, as regards to the identical names in the Judgment, the representatives
submitted the following list: Rosa Raxcacó-Juárez, Plácido Jerónimo-Grave, Justina
Sánchez, Juan Álvarez-Pérez, Humberto Rojas, Guillermo Toj-Manuel, Domingo Ic-Rojas
and Juana Juárez-Grave, and stated that only one of each person whose name was the
subject of duplication had received the relevant payments. As regards to the similar
names listed in the Judgment, the representatives submitted a list of 42 names of
which, according to them, 20 persons had been paid all three installments of the
compensation ordered in the Judgment, and 22 names were people which had been paid
none of the installments3 (supra Having Seen clause No. 4). Through the brief of April 7,
2008, the representatives insisted that it was necessary for the State to guarantee
compliance with paragraph 1214 of the Judgment on Reparations and Costs, and
revisited the difficulties encountered to identify those who had been affected by the
Massacre. They further noted that “[…] [they] f[ound] it important for the State to be
able to provide information […] that will help determine whether a proceeding has been
or will be started that will make it possible to safekeep the relevant amounts in order
that, when the involved persons are able to appear and assert their claim thereto, no
difficulty will arise to comply with the orders […]” in the Judgment. Moreover, they
stated that the State was required to provide information on the situation of those
beneficiaries who were deceased and those who had failed to receive one or more of the
payments. Furthermore, they noted that the State was “[…] 85% in compliance as
regards to monetary compensation […] (supra Having Seen clause No. 4). Lastly,
according to the representatives, the State had failed to send the documents evidencing
payment of the first installment to Paulina Tecú-González or Paula Tecú-González and
the relevant records of payment of the second installment to Eustaquia Sesám-Tecú and
César Augusto Reyes-Álvarez (supra Having Seen clause No. 4).
3
Such names are as follows: María Modesta Hernández-Ic (paid all three installments) and Modesta
Hernández (no payment received); Lázaro Alvarado-Raxcacó (paid all three installments) and Lázaro or Pedro
Alvarado-Manuel (no payment received); Celestino Morales-Pérez (paid all three installments) and Celestino
Morales-García (no payment received); Juan Cajbón-Corazón (paid all three installments) and Juan Cajbón (no
payment received); Alejandro Grave-Oxlaj (paid all three installments) and Alejandro Grave (no payment
received); Eugenia Ivoy (paid all three installments) and Eugenia Morales-Iboy (no payment received); Pablo
Grave-Cajbón (paid all three installments) and Pablo Grave-Jerónimo (no payment received); Virgilio Ic-Rojas
(paid all three installments) and Virgilio Rojas (no payment received); Valerio Grave-Cajbón (paid all three
installments) and Valeria Grave-Cajbón (no payment received); Salomé Ic-Rojas and Salomé Rojas (no one
came forward to assert a claim under either name); Ramón Rojas-Ic (paid all three installments) and Ramón
Rojas (no payment received); Paulina Guzmán-Alvarado (paid all three installments) and Paulina Guzmán (no
payment received); Leocadia Ic-Rojas (paid all three installments) and Leocadia Rojas (no payment received);
Emiliana Grave (paid all three installments) and Emiliana Grave-López (no payment received); Julia RaxcacóManuel (paid all three installments) and Julia Manuel (no payment received); Julián Tecú-Chajaj (paid all three
installments) and Julio Tecú-Chajaj (no payment received); Salvador Jerónimo-Sánchez (paid all three
installments) and Salvador Manuel-Jerónimo (no payment received); Emilia or Emiliana Cajbón-Grave (paid all
three installments) and Emiliano Cajbón-Grave (no payment received); María Rogelia Jerónimo-Corazón (paid
all three installments) and María Aurelia Jerónimo-Corazón (no payment received); Ceferino Jerónimo-Ixpatá
(paid all three installments) and Jerónimo Jerónimo-Ixpatá (no payment received); Manuel Amperez-Corazón
(paid all three installments) and Corazón Manuel-Amperez (no payment received).
4
“If, due to causes attributable to the beneficiaries of the compensation, it should not be possible for
them to receive it within the established terms of one year or twenty-four months from the notification of the
judgment, the State shall deposit the amounts in their favor in an account or a deposit certificate of a solvent
Guatemalan banking institution, in United States dollars, in the most favorable financial conditions permitted
by law and banking practice. If, after ten years, the compensation has not been claimed, the amount shall be
returned to the State, with the interest earned.” Case of the Plan de Sánchez Massacre v. Guatemala.
Judgment on Reparations of November 28, 2004; para. 121.