5
1.
To reaffirm its order of April 23, 2004, in which it accepted the withdrawal of
the preliminary objections filed by the State and admitted the State’s acknowledgement
of international responsibility.
2.
To declare that the dispute concerning the facts that gave rise to the instant
case had ceased.
3.
To declare, in accordance with the terms of the State’s acknowledgement of
international responsibility, that the State had 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 Thought and Expression), 16(1) (Freedom of Association), 21(1) and 21(2)
(Right to Property), 24 (Right to Equal Protection) and 25 (Right to Judicial Protection)
of the American Convention on Human Rights; and that it had failed to comply with the
obligation to respect the right embodied in Article 1(1) thereof, in the terms of
paragraphs 47 and 48 of th[e] judgment.
4.
To continue hearing the stage of reparations and costs of the instant case.
19.
On May 23, 2004, the victims’ representatives submitted their final written
arguments.
20.
On May 24, 2004, the State, and the Inter-American Commission submitted
final written arguments.
21.
On October 15 and 19, 2004, on the instructions of the President and in
accordance with Article 45(2) of the Rules of Procedure, the Secretariat requested
the Commission and the State, and the representatives, respectively, to present, by
November 1, 2004, at the latest, a certification issued by the competent authority on
the minimum wage for an agricultural worker in force in Guatemala at the time of
the facts and up until today; the list of prices of goods on the Rabinal market, and
the table of the daily exchange rate of Guatemalan quetzals to United States dollars
of the Banco de Guatemala from July 1982 to date. The Secretariat also asked the
Commission and the representatives to submit the birth certificates and any other
appropriate information on some of the survivors of the Plan de Sánchez Massacre
and a list of the women rape victims who had survived the massacre. In addition, the
Secretariat requested the representatives to submit the birth certificates or any other
appropriate information on Juan Cajbón Corazón, Enrique Cajbón Corazón,
Guadalupe Cajbón Jerónimo, Luis Cajbón Oxlaj, Prudencia Cajbón Jerónimo, Ezequiel
Grave Oxlaj and Andrés Grave Valey, identified as “survivors of the massacre, who
did not lose next of kin,” the birth certificate or any other appropriate information on
Faustina Cojom,2 a beneficiary of the provisional measures ordered by the Court on
July 30, 2004, and also a list of the family groups who were members of the
community of Plan de Sánchez at the time of the facts and of the survivors of those
groups, for whom payment of compensation for indirect damage has been requested.
22.
On November 5, 2004, the State, the Commission and the representatives
submitted the helpful documentary evidence requested, in accordance with the
extension granted.
V
2
According to identity card No. Ñ-15, Registration No. 30,181 provided by the representatives, the
correct last name of Faustina is “Cojom” and not “Tojom” as initially indicated. Faustina is a victim in this
case and a beneficiary of the provisional measures.
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