97
This treatment should be implemented following an assessment of each individual,
and as agreed with each of them.
108. To this end, the State must set up a committee to evaluate the physical and
mental condition of the victims, and also the treatment that each one requires. The
non-governmental organization, Community Studies and Psychosocial Action Team,
must play an active part in this committee and, should this organization not agree or
be unable to assume the task, the State must identify another non-governmental
organization, with experience in treating victims, to replace it. Guatemala must
inform the Court about the constitution of this committee within six month. With
regard to the medical and psychological treatment, this should be started
immediately after the constitution of the committee for a period of five years.
h)
Development program (health, education, production and infrastructure)
109. In their arguments, the Commission and the representatives noted the need
to develop programs on health, education, production and infrastructure that would
benefit the members of the communities affected by the facts of this case. The State
also indicated that the measures of reparation could comprise the obligation of the
State to provide social services, in accordance with international standards. Also, the
witnesses, Juan Manuel Jerónimo and Buenaventura Manuel Jerónimo, in particular,
mentioned that educational and infrastructure programs (for example, highways,
paved roads, potable water) should be implemented as a measure of reparation.
110. Given the harm caused to the members of the Plan de Sánchez community
and to the members of the communities of Chipuerta, Joya de Ramos, Raxjut,
Volcanillo, Coxojabaj, Las Tunas, Las Minas, Las Ventanas, Ixchel, Chiac, Concul and
Chichupac, owing to the facts of this case, the Court decides that the State shall
implement the following programs in these communities (in addition to the public
works financed by the national budget allocated to that region or municipality): a)
study and dissemination of the Maya-Achí culture in the affected communities
through the Guatemalan Academy of Mayan Languages or a similar organization; b)
maintenance and improvement of the road systems between the said communities
and the municipal capital of Rabinal; c) sewage system and potable water supply; d)
supply of teaching personnel trained in intercultural and bilingual teaching for
primary, secondary and comprehensive schooling in these communities, and e) the
establishment of a health center in the village of Plan de Sánchez with adequate
personnel and conditions, as well as training for the personnel of the Rabinal
Municipal Health Center so that they can provide medical and psychological care to
those who have been affected and who require this kind of treatment,
111. The State must implement these programs within five years of notification of
this judgment and present the Court with a detailed implementation report every
year.
IX
COSTS AND EXPENSES
Arguments of the Commission
112. The Commission requested the Court that, when it had heard the
representatives, it should order payment of the costs and expenses duly
authenticated by the representatives that were incurred at the domestic level, in the
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