58
49(19) The women who were raped by the State agents on the day of the
massacre, and who survived the massacre, still suffer from that attack. The rape of
women was a State practice, executed in the context of massacres, designed to
destroy the dignity of women at the cultural, social, family and individual levels.
These women consider themselves stigmatized in their communities and have
suffered from the presence of the perpetrators in the town’s common areas. Also,
the continuing impunity of the events246 has prevented the women from taking part
in the legal proceedings.
Regarding the expenses arising from the representation of the victims before the
inter-American system for the protection of human rights
49(20) The victims have been represented in the proceedings before the InterAmerican Commission and Court by members of the Center for Legal Action on
Human Rights (CALDH), who have incurred a series of expenses.247
VIII
REPARATIONS
APPLICATION OF ARTICLE 63(1)
Obligation to Repair
50.
In accordance with the judgment on merits in this case delivered by the Court
on April 29, 2004, and the terms of the State’s acknowledgement of international
responsibility, the latter violated the rights embodied in Articles 5(1) and 5(2) (Right
to Humane Treatment), 8(1) (Right to a Fair Trial), 11 (Right to Privacy), 12(2) and
12(3) (Freedom of Conscience and Religion), 13(2)(a) and 13(5) (Freedom of
notary public by Eulalio Grave Ramírez on March 9, 2004, (file on preliminary objections and merits and
reparations, tome III, folios 489 to 502); testimony of Juan Manuel Jerónimo given before the InterAmerican Court during the public hearing held on April 23, 2004; testimony of Buenaventura Manuel
Jerónimo given before the Inter-American Court during the public hearing held on April 23, 2004;
testimony of Narcisa Corazón Jerónimo given before the Inter-American Court during the public hearing
held on April 23, 2004, and report of Nieves Gómez Dupuis given before the Inter-American Court during
the public hearing held on April 24, 2004.
245
Cf. statement made before notary public by Benjamín Manuel Jerónimo on March 9, 2004, (file on
preliminary objections and merits and reparations, tome III, folios 470 to 488); statement made before
notary public by Eulalio Grave Ramírez on March 9, 2004, (file on preliminary objections and merits and
reparations, tome III, folios 489 to 502); testimony of Juan Manuel Jerónimo given before the InterAmerican Court during the public hearing held on April 23, 2004; testimony of Buenaventura Manuel
Jerónimo given before the Inter-American Court during the public hearing held on April 23, 2004;
testimony of Narcisa Corazón Jerónimo given before the Inter-American Court during the public hearing
held on April 23, 2004, and report of Nieves Gómez Dupuis given before the Inter-American Court during
the public hearing held on April 24, 2004.
246
Cf. report of Nieves Gómez Dupuis given before the Inter-American Court during the public
hearing held on April 24, 2004, and CEH report, supra note 238, tome III, p. 13, para. 2351.
247
Cf. power of attorney granted to CALDH to act as the representatives in the case before the
Inter-American Court (file of appendixes to the application, tome II, appendix 19, folios 969 to 972), and
vouchers for expenditures provided by the representatives in their final arguments brief (file of appendixes
to the final arguments brief of the victims’ representatives, tome I, appendixes G-1 to G-7, folios 228 to
383 and tome II, appendixes G-7 to G-14, folios 384 to 521).
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