70
D.1.1. Publication of the judgment
270.
The parties and the Commission did not refer to this measure of reparation.
271. However, the Court considers it appropriate to order, as it has done in other cases, 249
that the State must publish, within six months of notification of this judgment: a) the official
summary of this judgment prepared by the Court in the Official Gazette and in a newspaper
with widespread circulation, and b) this judgment in its entirety, to be available for at least
one year, on an official website of the State.
272. Furthermore, the Court considers it appropriate, as it has ordered in other cases, 250,
that the State publicize, through a radio station with widespread coverage in the lands of the
Garífuna Community of Triunfo de la Cruz, the official summary of the judgment, in Spanish
and in the Garífuna language. The radio broadcast must be made on the first Sunday of every
month, during at least three months. The State shall previously inform the representatives,
at least two weeks in advance, the date, time, and station of this broadcast. The State must
comply with this measure within the six months following notification of this judgment.
D.1.2. Public act of acknowledgment of responsibility
273. The representatives requested the Court to order that the State “issue a public
acknowledgment to the Garífuna Community and its members through a symbolic act,
previously agreed on with the petitioners and the victims.” The State and the Commission did
not refer to this measure of reparation.
274. The Court orders, as it has done in other cases, that the State must carry out a public
act of international acknowledgement in which it must refer to the human rights’ violations
declared in this judgment.251 The determination of the date, place, and details of the act must
be consulted with and previously agreed on with the Garífuna Community of Triunfo de la
Cruz. The act must be carried out in a public ceremony with the presence of high State
authorities and members of the Community. Additionally, this act must take into consideration
the traditions, uses, and customs of the Community and be both in Spanish and the Garífuna
language.252 The State has one year as of the notification of this judgment to comply with this
measure.
D.2. Guarantees of non-repetition
D.2.1. Request for adjustment of domestic legislation
275. The Commission requested that the Court order the State “[t]o adopt as soon as
possible the measures necessary to make the right to communal property and possession of
the Garífuna Community of Triunfo de la Cruz and its members effective regarding their
[traditional] territory,” referring specifically to “the legislative, administrative, or any other
measure necessary to adequately delimit, demarcate, and title their lands, according to their
Cfr. Case of Cantoral Benavides v. Peru. Reparations and Costs. Judgment of December 3, 2001. Series C
No. 88, para. 79, and Case of López Lone et al. v. Honduras, para. 303.
249
Cfr. Case of the Yakye Axa Indigenous Community v. Paraguay, para. 227, and Case of the Kichwa Indigenous
People of Sarayaku v. Ecuador, para. 308.
250
Cfr. Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations, and Costs.
Judgment of November 16, 2009. Series C No. 205, para. 469, and Case of Omar Humberto Maldonado Vargas et
al. v. Chile, para. 160.
251
Cfr. Case of the Plan de Sánchez Massacre v. Guatemala. Reparations. Judgment of November 19, 1004.
Series C No. 116, para. 101, and Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, para. 305.
252