11
specific operative paragraphs of the Judgment. Furthermore, it noted that the State
has still not presented information on the measures adopted regarding the sewage
system and a potable water supply, in accordance with subparagraph c).
29.
The Court deems that the actions taken by the State to implement programs in
affected communities, on the study and dissemination of the Maya-Achí culture,
comply with the Judgment. Therefore, the Court considers that the State has complied
with subparagraph a) of operative paragraph nine of the Judgment.
30.
Moreover, it values the measures adopted to maintain and improve the road
network, as set forth in subparagraph b) of operative paragraph nine. In addition, the
Tribunal deems it is important that the teaching personnel trained in intercultural and
bilingual teaching, subparagraph d) of said paragraph, be supplied according to
paragraphs 109 to 111 and 117 of the Judgment, for which it is necessary for the State
to inform whether it has implemented educational programs incorporating bilingual and
intercultural teaching at the different education levels. Lastly, the Court notes the lack
of information regarding the implementation of subparagraph c) of said operative
paragraph, which refers to the implementation of a sewage system and potable water
supply. In consequence, in order to assess the state of compliance with operative
paragraph nine, the Court deems it necessary for the State to forward updated and
detailed information regarding the progress made in implementing the measures
ordered in the Judgment.
F)
To pay compensation for pecuniary and non-pecuniary damage to those
individuals who are yet to receive full payment thereof (operative paragraphs
ten, eleven, thirteen, fourteen and fifteen of the Judgment on Reparations)
31.
In its report of January 7, 2010, the State indicated that on December 22, 2009
it proceeded to pay, through the National Compensation Program [Programa Nacional
de Resarcimiento], the corresponding compensation to Mr. Simeón Galeano Pirir, who
served as legal representative for the minors who were declared heirs of the deceased
Lucia Raxcacó. Moreover, it pointed out that on that same date “the third and last
compensation payments were made” at the headquarters of COPREDEH to the heirs of
Mrs. Natividad Morales, namely, Ricardo Tecú Manuel (husband) and Miguel de los
Santos (son), María Dionisia, Pablo Tecú Morales, and Ana María Tecú Morales.
32.
In this respect, nor the representatives or the Commission had made reference
to the State's comments in relation to the payment made to the heirs of Lucia Raxcaco
Sesám and Natividad Morales.
33.
In view of the information and documentation furnished, the Court considers
that the State has complied with the payment of the compensations to the heirs of
Lucía Raxcacó Sesám and Natividad Morales, under the terms of paragraph 31 of this
Order.
34.
In relation to outstanding compensation payments for some victims, the State
repeated the information presented in its report of April 9, 2009 and stated that the
reason that certain persons had not yet received the payment was because “they [had
not] appeared before their legal representatives or the Presidential Commission to
demonstrate that they are surviving victims.” Regarding the victims mentioned in the
Judgment with similar or identical names, it indicated that “to date, no people with
those names had appeared.” Lastly, it mentioned that it is waiting for those people
who had still not received the payment to appear with the documentation so required.