11
36.
That, as part of its comments of June 6, 2008, the Commission expressed its
satisfaction regarding the fact that the State had effected payment of the third
installment to most of the victims. However, it further noted that it considered it
necessary for the State to comply with the request for information made by the
representatives and to receive the latter’s comments “[…] to assess adequate
compliance with the monetary obligations established in the instant case […]” (supra
Having Seen Clause No. 5).
37.
That, based on the information provided by the parties, the Court finds that there
are still victims who have not been paid one or more of the compensation installments
or who have not been paid any of the compensation amounts set in the Judgment. In
view of this, the Court finds it necessary for both the State and the representatives to
accurately report on the situation of (a) each person that has not received payment of
one or more installments (see table attached to this Order); and (b) each person whose
name is identical or similar to that of another person and has not yet received payment
of the relevant compensation amounts (see table attached to this Order).
38.
That, in this regard, it should be noted that, owing to the complex particularities
of the instant case and the difficulties encountered identifying the victims, in the
Judgment on Reparations certain victims were named but could not be identified.
Accordingly, in paragraph 67 of the Judgment,5 the Court ordered that those persons for
whom proper identification documents had not been submitted were to appear before
the relevant State authorities within twenty-four months of the date of notice of the
Judgment, to provide the necessary information for their identification, in accordance
with the requirements set out in paragraphs 64 and 65 of said Judgment, and to assert
their claim. In view of this, the Court finds it critical for both the State and the
representatives to submit accurate, updated information on such persons, so that the
Court will have sufficient elements to assess whether the period prescribed in paragraph
67 of the Judgment has elapsed for each such person.
39.
That, based on the foregoing, the Court notes that it is possible that some of the
persons named and duly identified who timely claimed payment of the compensations
due them could not do so within one year or twenty-four months as from the date of
notice of the Judgment, either due to reasons within their control or otherwise. In those
cases, in accordance with paragraph 121 of the Judgment, the State is to deposit the
amounts due to them into an account, or take out a certificate of deposit from a
Guatemalan bank. Accordingly, the Court finds it necessary to request that the State
and the representatives submit accurate, updated information on any such persons and,
particularly, that the State indicate whether an account or certificate of deposit has been
opened with or taken from a bank in the name of said persons, to guarantee payment of
the compensation amounts set in the Judgment once all obstacles are worked out. Upon
receiving this information, the Court will assess, to the extent relevant, the situation of
each such person.
5
Said paragraph provides as follows: “[w]ith regard to the victims individualized in the judgment delivered by
the Court on April 29, 2004, or those who were included for the first time in the attachments to the
representatives’ final written arguments or in the helpful evidence (in accordance with paragraph 48 of that
judgment), with regard to whom the representatives could not remit the appropriate documents to identify
them, this Court decides that the compensation that corresponds to them for the damage suffered will be
adjusted to the parameters of the identified victims (supra paras. 64 and 65), provided they present
themselves before the competent State authorities within 24 months of the notification of this judgment and
bring the necessary information to identify themselves”. Cf. Plan de Sánchez Massacre V. Guatemala.
Judgment on Merits of April 29, 2004, para. 48.