10
25.
That, based on the foregoing, the Court considers it is appropriate to request
the representatives and the Commission to refer to such argument.
*
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*
26.
That regarding the duty of the State to adopt, within a reasonable time, the
educational, work-related and other measures necessary to ensure the social
readaptation of Mr. Raxcacó Reyes when he has served the sentence imposed
(operative paragraph twelve of the Judgment), the State pointed out that the victim
"participates in the creation of craftsmanship and works as a gardener in front of the
Director’s Office of Granja Pavón. Besides, he is attending an adult educational
program of CONALFA [Literacy National Committee] and he is in the second stage of
the post-literacy program that comprises the forth, fifth and sixth grade of primary
school and English lectures”.
27.
That the representatives pointed out that the State has not provided a formal
working environment for the readaptation processes.
28.
That the Commission did not submit any observations in that regard.
29.
That the Tribunal considers that the State must clarify how much Mr. Raxcacó
Reyes earns for the gardener position, in what way such job is useful for the
readaptation of the victim, whether the education he receives is provided on
application to the State or at the request of the inmates, of the victim himself or of a
non-governmental organization and how the State supports Mr. Raxcacó Reyes in the
creation of craftsmanship.
*
*
*
30.
That as to the duty to publish the Judgment (operative paragraph thirteen of
the Judgment) the State informed that on September 22, 2006, the pertinent parts
of the Judgment were published in Diario de Centroamérica and on March 28, 2008
in the national newspaper "El Periódico".
31.
That the representatives did not make reference to this issue in the private
hearing held in the instant case (supra Having Seen clause 8) but previously, they
pointed out that “the publications made by the State do not satisfy the requirements
established [in] the [J]udgment" since "even though the paragraphs set forth in the
[J]udgment are literally published, there is no reference to the number of such
paragraphs, nor to the chapters to which they correspond."
32.
That the Commission neither referred to this measure of reparation in the
private hearing but it previously noted “with satisfaction the material compliance
with what was ordered by the Court”.
33.
That it spring from the case file before this Tribunal, that, in fact, the
publications of the Judgment do not include the number of the paragraphs thereof
nor the chapters to which they correspond. Nevertheless, the full text of the
paragraphs is published. Furthermore, the Court notes that the representatives did
not submit any justification proving that the lack of numbers of the paragraphs and
chapters affects, in any way, the purpose of the reparation. As a consequence, the
Court deems that the State has fully complied with this part of the Judgment.
*
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*