68
institutions.263 Furthermore, when providing such treatment, the circumstances and the
particular necessities of each victim shall be considered, in a manner in which they receive
family and individual treatments, according to that agreed upon by each one of them and
after their individual evaluation.264
C4.
Guarantees of non-repetition
257. The representatives requested that this Tribunal order the State to modify the
dispositions regarding the procedures of absence and death alleged so as to adapt them to
international standards, and move forward with the projects that have been pending since
2007. Likewise, they requested that the State modify the PNR structure, in order to make
it into a program of legal nature, independent from the executive’s discretion, as a “State
plan, and not as a government plan subject to the particularities of each government
period.” Furthermore, they requested that “steps be taken to improve aspects in which the
PNR has been highly ineffective, such as impunity, land recuperation, and victim
identification.”
258. Regarding the procedures of absence and death alleged, the State, in its final
written arguments, emphasized its concept and performance, and concluded that “in
Guatemala, [such procedures] have been carried out by […] the next of kin of disappeared
persons, that have been, for the most part, solved favorably, however, it is considered
that, as it is currently regulated, the process of absence and alleged death does not
respond to the Guatemalan social reality, a consequence of the internal armed conflict that
lasted 36 years, as it was established by the Court […] in the Molina Theissen case.”
259. Regarding the PNR, the State pointed out that it appeals to several measures to
achieve an integral reparation fois the victims of the internal armed conflict.265 In the same
sense, it manifested that “the programs […] have been created according to its economic
possibilities, [and that its] interest and political will has always been expressed.” Therefore,
it stated that “the hard work that has been carried out is reflected through the [PNR] and
the advancements that have been accomplished as a result of the management of its
actual administration [, to which it considered] that the claims of the petitioners in this
sense are unfounded.” The State requested that the Court “take note of the great
advancements […] through such program, as a mechanism for the attention and reparation
which the petitioners have not yet used.”
260. The Court notices that in the present case it has not ruled on the merits regarding
the provisions of domestic law regarding the forced disappearance and absence and alleged
death, as well as the modification of the PNR, and as such it is not possible to establish
reparations in that sense. Nevertheless, the Court observes that, regarding the dispositions
of domestic law, regarding the procedure of absence and alleged death, the Court ruled on
this in the Case of Molina Theissen v. Guatemala, and continues evaluating the fulfillment of
263
Cf. Case Barrios Altos V. Perú, supra note 256, paras. 42 a 45; Case Radilla Pacheco V. México, supra note
12, para. 358, and Case of the Dos Erres Massacre v. Guatemala, supra note 12, para. 270.
264
Cf. Case 19 Comerciantes V. Colombia. Merits, Reparations and Costs. Judgment of 5 of July of 2004.
Series C No. 109, para. 278; Case Radilla Pacheco V. México, supra note 12, para. 358, and Case Dos Erres
Massacre V. Guatemala, supra note 12, para. 270.
265
It pointed out, that those measures include: 1. Dignification of the victims; 2. Cultural redress; 3. Psychosocial Reparation; 4. Material Restitutin, and 5. Economic redress.
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