in exercise of 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, 25(1) and 30 of its Statue, and 31(2) and 69 of its Rules of Procedure,
DECLARES:
1.
As indicated in this order, the State has complied with the publication of the
relevant parts of the judgment in the Official Gazette and in another national
newspaper, as well as the publication of the whole judgment on an appropriate official
website of the State (thirteenth operative paragraph of the judgment).
2.
As indicated in this order, the State has complied partially with the payment of
the compensation for non-pecuniary damages to 121 victims, while payment to 34
beneficiaries remains pending, either because they have not contacted the State or
because they are deceased; in addition it has complied with the reimbursement of
costs and expenses to FAMDEGUA (eighteenth operative paragraph of the judgment).
3.
In order to monitor full compliance with the judgment issued in the instant
case, and after analyzing the information provided by the State, the Commission, and
the representatives, the Court will keep the procedure open to monitor compliance
with those aspects that remain pending compliance in this case, namely:
a)
To investigate, without delay, in a serious and effective manner, the
facts that gave rise to the violations declared in the judgment, in order to
prosecute and, as appropriate, punish those responsible (eighth operative
paragraph of the judgment);
b)
To initiate the pertinent disciplinary, administrative or criminal actions
under domestic law, against the State authorities who may have committed the
facts and obstructed the investigation of them (ninth operative paragraph of
the judgment);
c)
To adopt the pertinent measures to amend the Law on Amparo, Habeas
Corpus and Constitutionality in Guatemala (tenth operative paragraph of the
judgment);
d)
To proceed with the exhumation, identification and return to their next
of kin of the remains of those who died during the Dos Erres massacre
(eleventh operative paragraph of the judgment);
e)
To implement the training courses on human rights for different State
authorities (twelfth operative paragraph of the judgment);
f)
To organize the public acts ordered (fourteenth operative paragraph);
g)
To erect a monument (fifteenth operative paragraph);
h)
To provide the psychological and medical treatment required by the 155
victims (sixteenth operative paragraph);
i)
To create a webpage to search for children abducted and illegally
retained (seventeenth operative paragraph); and,
17