70
order the State to adopt measures to strengthen the authorities responsible for
directing judicial processes on grave human rights violations, and to guarantee
access to the military files of the time of the conflict. The State reported on the
human rights and international humanitarian law training provided to the personnel
of the Guatemalan armed forces, through the army’s different training and education
centers.
251. The violations attributable to the State in the instant case were perpetrated
by state employees. Additionally, the violations have been aggravated by the
existence of a generalized context of impunity regarding grave human rights
violations brought about by justice agents. Consequently, notwithstanding the
existence of programs in Guatemala for training employees on human rights, the
Court deems it necessary for the State to organize and initiate, independently or to
strengthen those already existent, a permanent education program in human rights
for the members of the armed forces, as well as judges and prosecutors. Special
mention must be given within these programs to this Judgment and to other cases
adjudicated by the Court against Guatemala, as well as to international instruments
on human rights and international humanitarian law,261 specifically that related to
human rights violations and the components of the victims’ access to justice. This
program must be organized and executed within a term of six months from the date
of notification of this Judgment.
252. In this regard, the Court deems it pertinent to call to mind that the
effectiveness and impact of the implementation of education programs in human
rights at the heart of the security forces is crucial to generate guarantees of nonrepetition of facts such as those of the instant case. These programs must reflect
results of actions and prevention that confirm their efficiency, and their evaluation
must be performed with the adequate indicators262.
253. In relation to the above, the Court deems it necessary for the State to
organize and initiate, independently or to strengthen those already existent, a
specific program of training and strengthening for an integrated improvement of the
Justice System in Guatemala, for the authorities in charge of directing the judicial
processes on grave human rights violations, which must include a strategy to
investigate patterns of massive and systematic human rights violations and effective
judicial protection, so as to direct and lead this type of processes within reasonable
terms and considering the investigation of all of the facts and those responsible, in
order to guarantee access to justice to the victims of this type of violations, within a
term of six months from the date of notification of this Judgment.
254. Finally, once the rules on the appeal for legal protection are approved, the
State must organize and initiate within six months of the publication of the
corresponding law, a training program for justice agents on the adequate use of this
remedy and on effective judicial protection.
C) Measures of Satisfaction, Rehabilitation, and guarantees of nonrepetition
255. The Court will determine other measures that seek to redress non-pecuniary
damage and that are not of pecuniary nature, and will establish measures of a public
261
Cf. Case of the Mapiripán Massacre v. Colombia, supra note 19, para. 317; Case of the Ituango
Massacres v. Colombia, supra note 17, para. 409, and Case of the Rochela Massacre v. Colombia, supra
note 34, para. 303.
262
Cf. Case of Goiburú et al v. Paraguay. Order of the Court of November 19, 2009, para. 49.
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