90
and appreciates the progress made by the State on this matter. Thus, the Court urges the State
to continue adopting all legislative, administrative or other measures necessary for the creation
of the aforementioned Commission. The Court considers that such an entity will contribute
positively to the search for and identification of the victims in the instant case and, in general, of
the victims of forced disappearance in Guatemala. 355
D. Measures of restitution, rehabilitation, satisfaction and guarantees of non-repetition
D.1. Restitution measure: Guarantee the return of victims who are still displaced to their
places of origin
298. The Commission did not request a specific measure in this regard, but in general terms
called for adequate individual and collective reparations for the human rights violations, and
stipulated that the collective reparations should be fully agreed upon with the survivors of
Chichupac village and neighboring communities in order to reestablish their community life as
members of the Maya Achí indigenous people, and their special ties with their lands. For their
part, the representatives did not request reparations aimed at guaranteeing dignified conditions
for the return of the victims to their places of origin at the appropriate procedural moment. 356
With this in mind, the Court orders the State to implement the necessary measures to guarantee,
in coordination with the representatives in the instant case, adequate conditions for the remaining
displaced persons to return to their communities of origin, if they so wish. With respect to security
conditions in said villages, and due to the particularities of this case, the Court will not monitor
compliance with this point.
D.2. Measures of rehabilitation: Medical, psychological or psychiatric care for victims
299. The Commission asked the Court to order the State to “implement a program of culturally
appropriate psychosocial care for the survivors and next of kin of the executed and disappeared
victims.”
300. The representatives requested “measures that allow for the rehabilitation of the victims of
the violations denounced in this case and their next of kin.” In their final arguments they
requested, in particular, free medical, psychological and dental treatment. Thus, they asked the
Court to order the State to provide “immediate medical and psychological treatment for as long
as necessary, including the provision of free medication, to the victims who so wish and with their
prior informed consent. The medical and psychological treatment must be provided by State
personnel and institutions [, and…] such medical and psychological care may also be provided by
healers of the Maya Achí community, in accordance with their own health practices and through
the use of traditional medicine.”
301. The State explained that the PNR grants surviving victims and their families the measure of
psychosocial reparation, which consists of providing professional care to victims of human rights
violations during the armed conflict, both at the individual, family and community level, with
attention directed to women, children and youth, and with absolute respect for the ethnic and
cultural identity of each one. For the implementation of these measures, the PNR coordinates
actions with the National Mental Health Program of the Ministry of Public Health and Social
Cf. Case of Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala, para. 335, and Case of García and Family Members
v. Guatemala, para. 221.
356
In their final written arguments, i.e. extemporaneously, the representatives requested, in favor of the
community of Chichupac and neighboring communities, the improvement of infrastructure and implementation of basic
services and social programs. They also requested production projects and, in the area of education, study scholarships
for high school and university students. They also requested the construction of around 250 houses in the village of
Chichupac and neighboring communities, and that the State resolve cases involving the appropriation of lands that
occurred during and after the internal armed conflict of the victims Gregoria Valey Yxtecoc, Demetrio Cahuec Jerónimo,
Teodoro González Xitumul (husband of Tomasa Alvarado Xitumul), and other victims, and that it provide solutions for
the descendants of these victims.
355