3
representatives of the victims’ next of kin the amount of US$38,651.91 (thirty-eight
thousand six hundred and fifty-one United States dollars and ninety-one cents). Of this
amount, the sum of US$27,651.91 (twenty-seven thousand six hundred and fifty-one
United States dollars with ninety-one cents) must be paid to the Asociación Casa
Alianza/América Latina and the sum of US$11,000.00 (eleven thousand United States
dollars) to the Center for Justice and International Law (CEJIL).
2.
The note of the Secretariat of the Inter-American Court of Human Rights
(hereinafter “the Secretariat”) of January 16, 2002, in which it requested the State
of Guatemala (hereinafter “the State” or “Guatemala”), the Inter-American
Commission on Human Rights (hereinafter “the Commission” or “the Inter-American
Commission”) and the representatives of the victims’ next of kin to present a report
on the status of compliance with the judgment on reparations delivered in the
instant case, because the period of six months granted to the State for compliance
had expired on December 13, 2001.
3.
The brief of the representatives of the victims’ next of kin of February 9,
2002, in which they advised that the State had proposed to Ana María Contreras, the
mother of Henry Giovanni Contreras, to perform a symbolic burial ceremony for her
son, alleging that it would be very expensive to find and transfer his remains, owing
to the time that had elapsed since they were deposited in a common grave; and the
mother of the victim had agreed to this. The representatives expressed their
disagreement with this measure taken by the State to comply with the provisions of
the judgment, because “what the Court ordered was very clear. When it stated that
the State must ‘provide the resources and adopt the other measures needed’ to
transfer the remains of Henry Giovanni, it was not referring to a symbolic burial,
which is what the State performed.” The representatives also advised that on
December 19, 2001, the State had “made the payments corresponding to the
compensation to the next of kin of the victims [and] to the costs corresponding to
Casa Alianza, while payment of the costs of CEJIL is pending.” The representatives
indicated that, according to information provided by the State, a ministerial
agreement of the Departmental Directorate of Education ordered that a school
located at Tenth Street 2-37 of the Zone, in Guatemala City, should be named
“Escuela Oficial Mixta Tipo Escolar Centroamericana Niños de la Esperanza”
[Translator’s note: basically “the Children of Hope School”], and also that there
should be a plaque with the names of the youths as established in the judgment, but
they did not know the exact date on which the school would be inaugurated.
4.
The brief of the State of February 15, 2002, in which it advised that it had
paid most of the agreed compensation and reimbursed costs and expenses to the
representatives of the victims’ next of kin. The only pending payment was that to
Gerardo Adorimán Villagrán Morales and Osman Ravid Agreda Contreras, in whose
favor the State had to establish deposit accounts in a solvent banking institution.
The State also indicated that the next of kin of Henry Giovanni Contreras had
“expressed their willingness that the remains [of the victim] should remain buried in
the La Verbena Cemetery, in Zone 7 of Guatemala City [and], consequently, [the
State had] ordered that a commemorative gravestone should be elaborated in [his]
memory [...] which had been unveiled on [...] October 9, 2001.” The State also
advised that “on January 28, 2002, the Guatemalan Departmental Directorate of
Education of the Ministry of Education had issued Resolution No. DEG-023-2002, by
which it was decided to designate the Official Composite School “Grupo Escolar
Centroamericano Niños de la Esperanza.” Lastly, the State informed that it had
forwarded copies of the judgments delivered by the Inter-American Court in this case
to the President of the Supreme Court of Justice and to the Attorney General so that