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obtain their identification cards [and]; in some cases, the persons identified in the
[J]udgment as beneficiaries had died and so their family had to […]” commence the
relevant succession proceedings for determination of heirs. As a result, they did not
receive the first payment “[…] until the second payment was made.” In addition, the
State pointed out that “[…] at the request of the Court […], the complete list of 273
beneficiaries [wa]s submitted, in which the 269 beneficiaries mentioned in the State
report of October 31, 2007 [were] included, including 7 payments made as a result of
intestacy proceedings plus the payments made subsequently […].” Finally, Guatemala
reported that it had made the first payment of 33.33% of the amount specified in the
Judgment to the representatives for costs and expenses “[…] with the exception of the
interest thereon […]” given that they had waived such payment (supra Having Seen
clause No. 2).
44.
That the State informed that, on December 18, 2006, the second payment was
made, […] amounting to 33.33% of the total amount ordered by the Court to 252 […]
surviving victims […] as well as accrued interest thereon […].” On February, 2007, the
State remitted two records including the persons who received the payment on
December 18, 2006 and five additional records of the payments made on February 2,
2007 pursuant to the relevant succession proceedings, which total 259 records. In
addition, the State made the second payment of 33.33% of the amount specified in
the Judgment for costs and expenses to the representatives (supra Having Seen clause
No. 2).
45.
That the representatives indicated that “as established by the State, Guatemala
has made the second payment amounting to 33.33% of the total amount of the
compensation awarded, [as well as] accrued interest thereon, in accordance with the
information provided by the State itself.” Furthermore, the representatives stated that
they had received the second payment of costs and expenses. Finally, they recognized
the efforts made by the State to comply with the aforesaid operative paragraphs.
However, they stressed the need for systematic information “[…] indicating the name
of the persons who have received the first and second payment[s] (including interest)
and the supporting [r]ecord [n]umber” (supra Having Seen clause No. 3).
46.
That, in relation to the compensation and the reimbursement of costs and
expenses, the Commission indicated that it seemed that an agreement had been
reached for the State to make such payment in three installments. The Commission
added that “[…] the representatives confirmed that they received the payment made
[…].” In addition, it “[…] appreciate[d] the State’s compliance with the agreed-upon
payments and reiterate[d] its satisfaction with the efforts made by Guatemala […]” to
provide assistance to the victims. The Commission also noted that the State had not
yet submitted detailed information regarding the payments to direct victims who had
died and to those who are in the country but do not have representation. It also
stressed the need to ensure prompt and effective implementation of the reparation
measures ordered by the Court. In addition, the Commission emphasized the
importance of the measures adopted by the State to ensure compliance with said
operative paragraphs and noted that “[…] for the purpose of monitoring compliance,
the State should […] provide systematic information regarding the beneficiaries of the
payments made up to [that] point […] as well as information about the steps
undertaken to ensure that the beneficiaries of the compensation awarded are
identified, located, and effectively receive the reparations to which they are entitled.
Finally, it pointed out that information must be provided concerning whether the State
has deposited the relevant amount with a banking institution in order to pay the
beneficiaries who have not yet claimed their compensation, in accordance with the
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