85
280. On the other hand, the information provided by the State only proves the payment of some
compensation 334 to a partial universe of victims for acts that are, for the most part, outside the
Court’s temporal jurisdiction, such as “massacres”, executions, torture and sexual violence. 335
Therefore, it is not clear how these payments are related to the human rights violations
established in this judgment. Likewise, the aforementioned settlements do not indicate the criteria
used by the National Compensation Commission when establishing the amounts of the
indemnities in favor of the victims. 336In view of the foregoing, the Court considers that the State
has not proven that the victims in the instant case have been fully compensated for the damage
resulting from the human rights violations established in this judgment. However, the Court notes
that the State did not dispute the representatives' assertion that the PNR “has established a
maximum amount to compensate the victims, regardless of the number of victims that a family
has lost or reported.” 337 Nor did it dispute the statement made at the hearing by the
representatives regarding the closure of the PNR office in the municipality of Rabinal. Therefore,
there is uncertainty about the continuity of the Program in this area.
281. The Court recalls that, under Article 63(1) of the American Convention, it is incumbent upon
it to ensure that the consequences of the human rights violations declared in this judgment are
redressed, and to provide the appropriate reparations for the injured party, in accordance with
international standards and its constant case law on the matter (supra paras. 266, 268 and 272).
Consequently, the Court will order the necessary measures for this purpose. Notwithstanding the
foregoing, the reparation measures that have already been granted to the victims in this case at
the domestic level through the PNR for the violations declared in this judgment, where applicable,
must be recognized as part of the reparation due to them and will be taken into account.
C. Obligation to investigate the facts and identify, prosecute and, where appropriate,
punish those responsible, as well as to determine the whereabouts of the disappeared
victims, and to recover and identify the persons buried in clandestine graves
C.1. Full investigation, identification, prosecution and eventual punishment of the
perpetrators and the masterminds
282. The Commission requested that the Court order the State to carry out, conclude or reopen,
as appropriate, the domestic proceedings related to the human rights violations declared in the
Merits Report and to conduct the investigations impartially, effectively and within a reasonable
time in order to fully clarify the facts, identify the intellectual and material authors and impose
the corresponding sanctions. It also requested that the State order the appropriate
administrative, disciplinary or criminal measures with respect to the actions or omissions of State
officials who have contributed to the denial of justice and impunity surrounding the facts of this
case and those who participated in measures to obstruct the processes aimed at identifying and
punishing those responsible.
334
With the exception of the houses provided to Juana García Depaz and Rosa García de Paz, respectively, as well as
the ruling to provide six houses in favor of the beneficiaries of the following persons: Clemente Juárez lxpancoc, Gregorio
Valey, Eusebio Tahuico Timoteo Sic Cujá, Roberto Galileo Chén, Susana Valey Osorio and Gabino Román (evidence file,
folios 9903 to 9907, 10596 to 10605).
335
Cf. Copies of the records of payments made to residents of the village of Chichupac by the National Reparations
Program (evidence file, folios 10193 to 10804).
336
The Court notes that the Manual of Basic Criteria for the Application of Reparation Measures granted by the PNR
was only approved on January 7, 2015, that is, after the date on which the settlements were issued (evidence file, folios
9952 to 9954).
337
In this regard, in the case of the Río Negro Massacres v. Guatemala, the Court observed that the PNR program
established “a maximum amount of financial compensation of forty-four thousand quetzales in cases in which the family
unit has more than one fatal victim of extrajudicial execution, forced disappearance, or death during a massacre; this
amount shall also be granted to the survivors of torture or rape when, in addition to themselves they have another or
other fatal victims within the same family.” Cf. Case of the Río Negro Massacres v. Guatemala, para. 302.