10
Achí culture; maintenance and improvement of the road system; sewage system and
potable water supply; supply of teaching personnel trained in intercultural teaching
and the establishment of a health care center. Furthermore, they pointed out that it
was important to have clear information on the progress made in relation to the
aforesaid operative paragraph given that the forthcoming change of administration will
in turn generate changes within government bodies and agencies. In addition, the
representatives stated that they had requested the State to provide information about
the government bodies and persons responsible for compliance with this operative
paragraph, but did not receive any answer (supra Having Seen clause No. 3).
40.
That, in relation to paragraph 9(e) of the ninth operative paragraph, the
Commission noted that, based on the information provided by the State and the
representatives “[…] significant efforts [had] been made to ensure compliance
therewith,” but they were not enough. The Commission recognized the progress made
in relation to the measures adopted to comply with the obligation to provide medical
and psychological care and emphasized “[…] the need to ensure prompt and effective
implementation of the reparation measures ordered by the Court and that it [was]
awaiting the relevant information regarding effective compliance with all the aspects
related to the reparations ordered […]” by the Court.
41.
The Court notes that, in accordance with the aforesaid operative paragraph, the
State must develop cultural, infrastructure, educational and health programs within a
period of five years following notice of the Judgment, and that the such period has not
expired (supra Having Seen clause No. 1).
42.
That the Court appreciates the progress made in connection with the health
program. In addition, the Court finds that, even though the period for compliance has
not expired yet, the State has not provided much information regarding compliance
with the following: a) dissemination of the Maya-Achí culture in the communities
affected by the massacre; b) maintenance and improvement of the road system
between said communities and the municipal capital; c) sewage system and potable
water supply; and d) supply of teaching personnel trained in intercultural and bilingual
teaching.
*
*
*
43.
That, in relation to the tenth, eleventh, twelfth, thirteenth, fourteenth, and
fifteenth operative paragraphs (supra Having Seen clause No. 1), the State informed
that due to the national emergency caused by the Tropical Storm “Stan”, on January 9,
2006, it was agreed with the victims and their representatives that the State would
pay the amount determined by the Court in “[…] three consecutive payments to be
made in December 2005, 2006 and 2007 […] respectively.” The State also informed
that it had provided assistance to the beneficiaries, in their own language, to help
them open the necessary bank accounts. In addition, it reported that some difficulties
were encountered during such process, such as direct beneficiaries who had died or
were out of the country, or whose names had been incorrectly recorded. The State
also informed that the first payment of 33.33% of the amount specified in the
Judgment began to be effected on February 1, 2006 and that it had made the relevant
deposits to 227 victims’ accounts. The State added that “given that several persons
had some problems with their identification cards, […] they initiated the process to
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