13
46.
That the Court notes that the State has provided little updated information on
compliance with the seventh, eighth and ninth operative paragraphs of the Judgment
and that, pursuant to paragraph 117 of the Judgment, these are to be implemented
within a period not to exceed five years as from December 7, 2004, the date of notice of
the Judgment to the parties. Accordingly, considering the Order of November 28, 2007
(supra Having Seen clause No. 2), the Court finds that the State needs to take all such
steps as may be required to comply with the seventh, eighth and ninth operative
paragraphs of the Judgment and to report back to it on any progress made in
connection therewith, so that the Court may assess compliance with them.
*
*
*
47.
That the Court appreciates the State’s full compliance with the twelfth operative
paragraph of the Judgment. Moreover, partial compliance with the fourth, fifth, tenth,
eleventh, thirteenth, fourteenth and fifteenth operative paragraphs of said Judgment, as
well as the progress made in complying with the seventh operative paragraph thereof,
constitutes relevant progress by the State in executing and implementing the judgments
of the Court.
*
*
*
48.
That, on monitoring overall compliance with the Judgment rendered in the
instant case and having analyzed the information provided by the State, the
Commission and the representatives, the Court finds it essential for the State to provide
information on the following aspects which are still pending:
a)
Investigation, identification and possible punishment of the perpetrators
and masterminds of the Plan de Sánchez Massacre (first operative paragraph of
the Judgment);
b)
Publicizing of the text of the American Convention in the Spanish and
Maya-Achí languages and dissemination thereof in the Municipality of Rabinal
(fourth operative paragraph);
c)
Publication of the Proven Facts section of Chapter V and the first to fourth
operative paragraphs of the Judgment on Merits, and of the first declaratory
paragraph and first to ninth operative paragraphs of the Judgment on Reparation
and Costs in a national circulation newspaper, in Spanish. Also, publication of
said texts in the Official Gazette and in a national circulation newspaper in the
Maya-Achí language (fifth operative paragraph);
d)
Payment of the amount set in paragraph 104 of the Judgment on
Reparations for infrastructure maintenance and improvements at the chapel in
memoriam of the victims (sixth operative paragraph);
e) Provision of free-of-charge medical and psychological treatment and
medication to those victims who may so require (seventh operative paragraph);
f)
Provision of adequate housing to those survivors of the village of Plan de
Sánchez who may so require (eighth operative paragraph);