6
13.
That, as regards to the fifth operative paragraph of the Judgment (supra Having
Seen clause No. 1) and the provisions of item (c) of the third declarative paragraph of
the Order of the Court of November 28, 2007 in connection with the publication of the
Proven Facts section of Chapter V and the first to fourth operative paragraphs of the
Judgment on Merits, and Chapter VII on Proven Facts of the Judgment on Reparations
and Costs in Spanish, in a daily newspaper with national circulation, and publication of
the translated version of said texts into the Maya-Achí language in the Official Gazette
and in another national-circulation newspaper, the State expressed that compliance
therewith was still pending.
14.
That the representatives agreed that the State has yet to publish the portions of
the judgments [on Merits and on Reparations and Costs] specified by the Court, as
follows: in Maya-Achí in the Official Gazette, and in both languages in another
newspaper of national circulation. They further stated that almost four years have
elapsed since the date of the Judgment, and three years since the date on which this
operative paragraph should have been complied with, which is why “[…] it is urgent that
the State fulfill this obligation without further delay […]” (supra Having Seen clause No.
4).
15.
That, as regards to this operative paragraph, the Commission stated that it
awaited information regarding compliance with all pending aspects and that once “[…]
all practical obstacles are sorted, it is essential that the beneficiaries of this effort can
learn of the translated texts […]” (supra Having Seen clause No. 5).
16.
That, based on the information provided by the parties, the analysis of the
submitted evidence, and the provisions of item (c) of the third declarative paragraph of
the November 28, 2007 Order of the Court, the Court has verified that publication of the
Proven Facts section of Chapter V and the first to fourth operative paragraphs of the
Court’s Judgment of April 29, 2004, in Spanish, in a national circulation newspaper is
still pending. Also pending publication is the Maya-Achí translation of the text of said
operative paragraphs into the Maya-Achí language in the Official Gazette and a national
circulation newspaper. Accordingly, the Court refers to what was ordered in item (c) of
the third declarative paragraph of its Order of November 28, 2007 (supra Having Seen
clause No. 2). In turn, the Court finds it necessary for the State to report to it as soon
as the relevant publications are completed, so that the Court can assess the status of
compliance with the fifth operative paragraph of the Judgment.
*
*
*
17.
That, as regards to the sixth operative paragraph, which deals with payment of
the sum set in the Judgment for infrastructure maintenance and improvements at the
memorial chapel, the State indicated that such payment could not be effected because
the representative of the village’s neighbors' association refused to accept the relevant
check. It added that, by way of the communication of February 11, 2008, it had
requested that the representatives get involved in the matter in order that it could
comply with this obligation. In this regard, it explained that, as soon as the legal
representatives advise it that the situation has been worked out, it will coordinate the
relevant payment, as the necessary funds are already available. Lastly, it noted that it
will report to the Court as soon as this operative paragraph is complied with (supra
Having Seen clause No. 3).