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release document. It is worth noting that according to the information provided by the
representatives, described in Considering Paragraph 35 of the Order from August 5, 2008
(supra Having Seen 3), Ms. Salome Ic Rojas was part of the list of 20 individuals with
similar names that appear in the Judgment on Reparations that had not received any
payment.
37.
That neither the representatives nor the Commission have referred to what was
expressed by the State in relation to the payment in favor of Ms. Salome Ic Rojas.
38.
That considering the information provided by the State, the Court observes that the
payment in favor of Ms. Salome Ic Rojas has been fulfilled.
39.
That following, this Court will refer to the cases of Lucia Raxcacó Sesám and
Natividad Morales, described in Considering Paragraphs 25 and 33 of the Order of August
5, 2008, respectively (supra Having Seen 3), in view of the fact that the State provided
specific information on their situation.
40.
That regarding the compensation in favor of Lucia Raxcacó Sesam, deceased, the
State reported on November 25, 2008, that the second and third payments are still
pending to be made to her sons Hugo Leonel and Irma Johann, last names Galeano
Raxcacó, since the children’s legal representative has not presented the “full
documentation” for this purpose. Regarding Ms. Natividad Morales, in the report of August
28, 2008, the State expressed that she died after receiving the first two payments. Upon
becoming aware of this situation, her relatives were informed that they had to carry out a
probate proceeding to be able to make the pending compensation to the heirs (supra
Having Seen 4).
41.
That the representatives have not provided any information on what was expressed
by the State in relation to Ms. Lucia Raxcacó Sesám and the lack of a second and third
payment in her favor, nor regarding the third payment in favor of Ms. Natividad Morales or
her heirs.
42.
That in its observations, the Commission expressed that it valued the State’s
initiative to perform the corresponding payment, and it deemed it “useful and necessary to
become aware of the enforcement relating to the payments pending to the children of Ms.
Lucia Raxcacó and to the persons who have not come forward to make a claim.”
43.
That of the information submitted by the State, this Court considers necessary for
the representatives to report precisely on the current status of the probate proceeding of
Lucia Raxcacó Sesám and Natividad Morales, and the corresponding payment to their heirs.
44.
That notwithstanding the above, the Court has verified that the state reports (supra
Having Seen 4) make no reference to any specific measure adopted to comply with what is
indicated in Considering clauses 22, 37, 38, 39 and 42 of the Order of August 5, 2008
(supra Having Seen 3), in relation to the payments pending for compensation in favor of
some of the victims. Therefore, this Court considers it necessary to require that both the
State and the representatives report precisely on the situation of each of the individuals
found in the following assumptions: a) those who have not received any of the payments
(see table attached to Order from August 5, 2008); and b) those who have names that are
identical or similar who have not received payment of the corresponding compensations
(see table attached to Order from August 5, 2008). Likewise, the Court considers that it is
essential for the Commission to provide its observations on this matter.
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