44
164. The representative requested that the Court order that the State build a health
center in the Community, integrating the Mayan cosmovision, with the capacity,
equipment and maintenance to cover all the needs of the members of the Community.
165. The State did not differentiate between the measure of rehabilitation requested by
the Commission (supra para. 153) and the measure of satisfaction requested by the
representative. The Court bears in mind the State’s claim regarding health care already
summarized (supra para. 154).
166. The Court considers that the group’s social and economic vulnerability was a
determining factor in its victimization and, therefore, as part of the reparation, it is not only
appropriate but also necessary to order measures that, at the least, guarantee conditions
of true citizenship with access to health and communication.
167. The Court, therefore, orders as a measure of satisfaction the construction, within
two years, of a health center located in the “Aurora 8 de octubre” Community to which
the victims and the members of the Community, in general, have access to the basic
health services. The medical care offered must respect traditional practices and medicines.
The measure must also take into consideration that, as indicated in another judgment
regarding Guatemala, the health programs in indigenous and tribal populations must be
based in the community and be complementary to the traditional curative practices and
include them.216
C.2.4. Widening and paving a road
168. The representative requested “the widening and paving of the road from the Franja
Transversal del Norte highway to the center of the Community […], which would mean
[…] 5 kilometers of asphalt.”
169. The Commission mentioned that the State recognized that such a measure had not
been implemented and simply “took note of the request.”
170. The State indicated that it took note of the request and would include it in the
scheduling of projects of the Department of Roads.
171. The Court welcomes that the State has indicated that it will schedule the road project
and, in view of the considerations already expressed on the vulnerability of the group of
victimized persons (supra para. 166), as a measure of satisfaction orders that Guatemala,
within two years, widen and pave the road from the Franja Transversal del Norte highway
to the center of the “Aurora 8 de octubre” Community.
C.2.5. Visit of the Court
172. The Court notes that, with the consent of the State and the agreement of the parties
and after the one year that the State has to present its first report (infra operative
paragraph 15) it will consider visiting the State, including the Community, to evaluate the
progress of the measures ordered as well as, where appropriate, the other measures
ordered in this judgment.217
Cf. Case of the Members of the Village of Chichupac and neighboring communities of the Municipality of
Rabinal v. Guatemala, supra, footnote 359.
217
With respect to Guatemala, the Court has had the opportunity to appreciate the utility and importance of
activities in the territory of a State to monitor compliance of its decisions concerning the reparations that merit
216