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happened, and raising the awareness of the Guatemalan people, by a “widereaching, precise and exact dissemination” of the facts;
e)
For the members of the Plan de Sánchez community, justice is crucial
for reconciliation, rebuilding of the social fabric, and the process of dignifying
the Mayan people, to whom it has systematically been denied for racist
reasons. In this regard, ensuring the right to truth and the criminal sentencing
of the perpetrators and masterminds of the massacre are essential measures to
guarantee that such atrocious events never occur again;
f)
The State should open an effective investigation into the facts, and
prosecute and punish those responsible for the massacre in Plan de Sánchez. It
is important that the Court order the Guatemalan authorities to overcome the
obstacles that have prevented the identification of those responsible; in
particular, the refusal of the public authorities, such as the Ministry of Defense,
to collaborate with the investigation and provide all the information required by
the judicial authorities;
g)
The damage caused to the Mayan communities by the execution of
hundreds of women and elderly people, natural oral transmitters of tradition, is
almost irreparable. Hence, the State should adopt rehabilitation measures
addressed at strengthening the transmission of Mayan culture; in this regard,
local policies for disseminating community traditions should be implemented;
h)
Among the rehabilitation measures, the State should establish family
and community health programs; at the local level, these must be culturally
sensitive, incorporating components of the Mayan cosmovision;
i)
The Court should order the State to formulate plans to assist the
recovery, rehabilitation and full reincorporation into the community of the
women who were victims of rape, in conjunction with the women leaders of the
community and mental health professionals;
j)
Other measures of reparation that would benefit the Plan de Sánchez
community could include: construction, equipping and operation of a school,
supply of potable water, paving of roads, and implementation of productive
projects;
k)
Considering the large-scale violation of rights resulting from the
massacre, the State should be asked to order that a reparation fund be set up
for the victims of the massacre. The purpose of the fund would be to finance
different programs in the areas of education, vocational training, psychological
and medical care for the survivors and next of kin of the victims. The Court
should establish an amount, in fairness, and
l)
All the initiatives designed to make reparation to the victims of the
massacre should be implemented in consultation with the members of the
community.
Arguments of the representatives
91.
The victims’ representatives indicated that:
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