6
16.
That the Court notes that, even though the State has already translated the
American Convention and the Judgments on the Merits and on Reparations and Costs
rendered in this case into Maya-Achí, the obligation to disseminate said documents in
Maya-Achí throughout the municipality of Rabinal and to deliver the same to the
victims, as laid out in the fourth operative paragraph, remains unfulfilled (supra
Having Seen clause No. 1).
17.
That, based on the foregoing, the Court finds that the State has partially
complied with the fourth operative paragraph of the Judgment delivered in the instant
case (supra Having Seen clause No. 1).
*
*
*
18.
That, in relation to the fifth operative paragraph (supra Having Seen clause No.
1), the State informed that it had published, in Spanish, the section entitled Proven
Facts in Chapter V and the first to fourth operative paragraphs of the Judgment on the
Merits delivered by the Court on April 29, 2004, as well as Chapter VII, entitled Proven
Facts, the first declaratory paragraph and the first to ninth operative paragraphs of the
Judgment in the Official Gazette. However, the State admitted that it had not yet
complied with the obligation to publish the aforesaid sections in Spanish in a
newspaper with national circulation, and in Maya-Achí in the Official Gazette and in a
newspaper with national circulation (supra Having Seen clause No. 2).
19.
That the representatives pointed out that the State was in partial compliance
with the aforesaid operative paragraph, given that it had failed to comply with all the
publications ordered by the Court and that said publications could be effected
immediately. Subsequently, the representatives noted that the aforesaid operative
paragraph should have been complied with within one year following notice of the
Judgment and that the State had only published the Judgment in Spanish, although
the Achí translation was already available (supra Having Seen clause No. 3).
20.
That the Commission expressed confidence that the State could overcome the
obstacles that prevented it from complying with said operative paragraph. Taking into
account the statements made by the State and by the representatives, the
Commission recognized the measures adopted in order to comply with said operative
paragraph and pointed out that “[…] the State itself indicate[d] that it [wa]s not in
compliance with this obligation […and] note[d] that, once the translation is ready it
would be important to complete the remaining steps required to achieve full
compliance in that regard […]” (supra Having Seen clause No. 4).
21.
That, based on the foregoing, the Court finds that the State has partially
complied with the fifth operative paragraph of the Judgment delivered in the instant
case (supra Having Seen clause No. 1).
22.
That the State must publish the sections mentioned above in Spanish, in a
newspaper with national circulation, and in Maya-Achí, in the Official Gazette and in a
newspaper with national circulation (supra Having Seen clause No. 1).
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