153. The Court notes that, in this case, it has been verified that at least 49 people were victims of
forced displacement following the entry into force of the Court’s contentious jurisdiction (supra paras.
80 to 83 and Annex IV). The State has not submitted specific arguments or proof verifying that,
currently, the necessary guarantees exist for these people to be able to return to the village if they
so wish. Consequently, the Court requires the State to implement the necessary measures to ensure,
in coordination with the representatives in this case, satisfactory conditions for the people who
remain displaced to be able to return to their original communities if they so wish. The State must
include a report on the measures taken in this regard in the first report that in must submit to the
Court pursuant to the nineteenth operative paragraph of this judgment.
E. Rehabilitation
154. The Commission asked the Court to order the State to implement a rehabilitation program,
including adequate psychological and psychosocial care, for the survivors and for the next of kin of
those who were executed or disappeared.
155. The representatives asked that the State provide medical, psychological and psychosocial
care to the victims and their families, free of charge, including the provision of any medicines they
might eventually require, also without charge.
156. In this regard, in its final written arguments, the State alleged that the Ministry of Public Health
and Social Assistance was providing the following health services, among others, in a health center
located in the village of Los Josefinos: doctors’ appointments, pregnancy and postpartum controls,
control of newborns, nutritional evaluation, and family planning. Regarding the psychological care, it
indicated that a district psychologist was located in the Las Cruces Health Center, who provided
psychological care and psychosocial support during hearings, home visits, and talks to groups of
survivors; therefore, the members of the Los Josefinos community may go to either of these centers
to receive the medical and psychological care they need. It also indicated that the victims who do
not live in the village may have recourse to the said Ministry to obtain the service they require.
157. Owing to the nature of the violations of the American Convention declared in this judgment,
the Court considers that the State must implement a measure to reinforce the health center located
in Los Josefinos by providing it with permanent human resources qualified to offer physical,
psychological and dental health care, medicines, and fully equipped ambulances.236 The State has
one year from notification of this judgment to implement the corresponding reinforcement actions.
F. Measures of satisfaction
158. The Commission asked that, in general, the necessary measures of satisfaction should be
adopted to make full reparation for the human rights violations that were declared.
159. The representatives asked that the Court order the State to erect a monument as a reminder
of the massacre in Los Josefinos. They added that, since the monument erected by the victims was
badly damaged, in the addendum to the 2007 friendly settlement agreement the Guatemalan State
had undertaken to build a new monument on the same site, and also install the respective plaque.
They indicated that, despite this, even though a design had been agreed with the victims and the
construction work had begun, the monument had never been completed.
160. The State considered that it had complied with the measure of satisfaction because: (i) it had
236
Cf. Case of the Rio Negro Massacres v. Guatemala, supra, para. 284.
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