Residents of the village of chichupac and neighboring communities, municipality of rabinal



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Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 16, 2009. Series C No.205, par. 444.

355 I/A Court H.R., Case of Tristán Donoso v. Panama. Preliminary Objection, Merits, Reparations and Costs. Judgment of January 27, 2009. Series C No. 193, par.57.

356 Annex 1. CEH, Memory of Silence, Volume V, Conclusions and Recommendations, par. 31.

357  I/A Court H.R., Case of Bámaca Velásquez v. Guatemala. Merits. Judgment of November 25, 2000. Series C No. 70, par.230.

358 I/A Court H.R., Case of Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002. Series C No. 91, par.81.

359 I/A Court H.R., Case of the Moiwana Community v. Suriname. Preliminary Objections, Merits, Reparations and Costs. Judgment of June 15, 2005. Series C No. 124, par.100.

360 Annex 1. CEH, Memory of Silence, Volume V, Conclusions and Recommendations, par. 53.

361 On the subject of indigenous culture and identity, the CEH wrote that their preservation meant ensuring the cultivation of the characteristics that distinguish an indigenous people, such as their language, religion, way of life and symbols. Annex 3. CEH, Memory of Silence, Volume III, The Human Rights Violations and Acts of Violence, par.2872.

362 IACHR, Report No. 86/10, Case 12,649, Merits, Community of Río Negro of the Maya Indigenous People and Its Members, Guatemala, July 14, 2000, par.334.

363 I/A Court H.R., Case of Kawas Fernández v. Honduras. Merits, Reparations and Costs. Judgment of April 3, 2009. Series C No. 196, par.143; Case of Baena Ricardo et al. Merits, Reparations and Costs, Judgment of February 2, 2001. Series C No. 72, par.156. See also Case of Huilca Tecse v. Peru. Merits, Reparations and Costs. Judgment of March 3, 2005. Series C No. 121, par.69; and Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of July 10, 2007. Series C No. 167, par.144.

364 I/A Court H.R., Case of Castañeda Gutman v. Mexico. Merits, Reparations and Costs. Judgment of August 6, 2008. Series C No. 184, par.140; Case of Yatama v. Nicaragua. Judgment of June 23, 2005. Series C No. 127, par.191; The Word “Laws” in Article 30 of the American Convention on Human Rights. Advisory Opinion OC-6/86 of May 9, 1986. Series A No. 6, para. 34.

365 CEH, Memory of Silence, Chapter III, Effects and Consequences of the armed confrontation, paragraphs 441, 443 and 459.

366 Annex 3. CEH, Memory of Silence, Volume III, The Human Rights Violations and Acts of Violence, par.3370.

367 Annex 3. CEH, Memory of Silence, Volume III, The Human Rights Violations and Acts of Violence, par. 3373

368 I/A Court H.R., Case of Ivcher Bronstein v. Peru. Merits, Reparations and Costs. Judgment of February 6, 2001. Series C No. 74, par.122; Case of the Barrios Family v. Venezuela. Merits, Reparations and Costs. Judgment of November 24, 2011. Series C No. 237, par.148.

369 I/A Court H.R., Case of the Ituango Massacres v. Colombia. Preliminary Objection, Merits, Reparations and Costs. Judgment of July 1, 2006. Series C No. 148; Case of the Massacres of El Mozote and Nearby Places v. El Salvador. Merits, Reparations and Costs. Judgment of October 25, 2012. Series C No. 252, par.168.

370 Annex 3. CEH, Memory of Silence, Volume III, The Human Rights Violations and Acts of Violence, par.3054.

371 Annex 3. CEH, Memory of Silence, Volume III, The Human Rights Violations and Acts of Violence, par.3076.

372 Annex 29. The petitioners’ communication of October 19, 2011.

373 I/A Court H.R., Case of Barrios Altos v. Peru. Merits. Judgment March 14, 2001. Series C No. 75, par.48.

374 I/A Court H.R., Case of Loayza Tamayo. Reparations and Costs. Judgment of November 27, 1998. Series C No. 42, par.169; Case of Fairén Garbi and Solís Corrales. Preliminary Objections. Judgment of June 26, 1987. Series C No. 2, par.90.

375 I/A Court H.R., Case of Kawas Fernández v. Honduras. Merits, Reparations and Costs. Judgment of April 3, 2009. Series C No. 196, par.101.

376 I/A Court H.R., Case of Radilla Pacheco v. Mexico. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 23, 2009. Series C No. 209, par.192; Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, par.181; Case of La Cantuta v. Peru. Merits, Reparations and Costs. Judgment of November 30, 2007. Series C No. 173, par.231; and Case of Anzualdo Castro v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of September 22, 2009. Series C No. 202, par.118.

377 I/A Court H.R., Case of Gómez Palomino v. Peru. Merits, Reparations and Costs. Judgment of November 22, 2005. Series C No. 136, par.78; Case of Almonacid Arellano et al. v. Chile. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 26, 2006. Series C No. 154, par.150; and Case of the La Rochela Massacre v. Colombia. Merits, Reparations and Costs. Judgment of May 11, 2007. Series C. No. 163, par.147.

378 I/A Court H.R., Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, par.177; I/A Court H.R., Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of July 10, 2007. Series C No. 167, par.131.

379 I/A Court H.R., Case of García Prieto et al. v. El Salvador. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 20, 2007. Series C No. 168, par.101; Case of the Gómez Paquiyauri Brothers v. Peru. Judgment of July 8, 2004. Series C No. 110, par.146; I/A Court H.R., Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of July 10, 2007. Series C No. 167, par.130.

380 I/A Court H.R., Case of Bulacio v. Argentina. Judgment of September 18, 2003. Series C No. 100, par.114; I/A Court H.R., Case of the La Rochela Massacre v. Colombia. Merits, Reparations and Costs. Judgment of May 11, 2007. Series C. No. 163, par.146; I/A Court H.R., Case of Miguel Castro Castro Prison v. Peru. Judgment of November 25, 2006. Series C No. 160, par.382.

381 IACHR, Report on the Situation of Human Rights Defenders in the Americas, March 7, 2006, par.109; Second Report on the Situation of Human Rights Defenders in the Americas, December 31, 2011, par.237.

382 Agreement for a Firm and Lasting Peace, Guatemala City, December 29, 1996, point 4.

383 IACHR, Fifth Report on the Situation of Human Rights in Guatemala, April 6, 2001, par. 3.

384 IACHR, Fifth Report on the Situation of Human Rights in Guatemala, April 6, 2001, par. 55.

385 IACHR, Fifth Report on the Situation of Human Rights in Guatemala, April 6, 2001, par. 57. In the Report, the IACHR made the following appeal to the State: “The Commission exhorts the State to devote priority attention and political will to overcoming the situation of impunity that persists, and reiterates that the State will face responsibility for all violations of human rights that occur until such time as it takes the necessary measures to ensure that justice is administered fairly and effectively.”

386 I/A Court H.R., Case of Loayza Tamayo v. Peru. Reparations and Costs. Judgment of November 27, 1998. Series C, No. 42, paragraphs 169-170.

387 I/A Court H.R., Case of García Asto and Ramírez Rojas v. Peru. Merits, Reparations and Costs. Judgment of November 25, 2005. Series C No. 137, par.166; Case of Gómez Palomino v. Peru. Merits, Reparations and Costs. Judgment of November 22, 2005. Series C No. 136, par.85; and Case of the Moiwana Community v. Suriname. Merits, Reparations and Costs. Judgment of June 15, 2005. Series C No. 124, par.160.

388 I/A Court H.R., Case of Ricardo Canese v. Paraguay. Merits, Reparations and Costs. Judgment of August 31, 2004. Series C No. 111, par.142.

389 I/A Court H.R., Case of López Álvarez v. Honduras. Merits, Reparations and Costs. Judgment of February 1, 2006. Series C No. 141, par.129; I/A Court H.R., Case of Acosta Calderón v. Ecuador. Merits, Reparations and Costs. Judgment of June 24, 2005. Series C No. 129, par.104; and I/A Court H.R., Case of Tibi v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 7, 2004. Series C No. 114, par.168. See also: IACHR, Report No. 77/02, Case 11,506, Merits, Waldemar Gerónimo Pinheiro and José Víctor dos Santos, Paraguay, December 27, 2002, par. 76.

390 I/A Court H.R., Case of the Santo Domingo Massacre v. Colombia. Preliminary Objections, Merits and Reparations. Judgment of November 30, 2012. Series C No. 259, par.164.

391 I/A Court H.R., Case of the Barrios Family v. Venezuela. Merits, Reparations and Costs. Judgment of November 24, 2011. Series C No. 237, par.275.

392 I/A Court H.R., Case of the Dos Erres Massacre v. Guatemala. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 24, 2009. Series C No. 211, par.134.

393 “The Guatemalan system for the administration of justice [was] ineffective in guaranteeing compliance [with] the law and protection of the rights of the victims and their next of kin in almost the totality of the violations committed against human rights during that period of time.” I/A Court H.R., Case of Tiu Tojín v. Guatemala. Merits, Reparations and Costs. Judgment of November 26, 2008. Series C No. 190. par.51.


394 “[E]ven today, the courts in Guatemala have been incapable of effectively investigating, prosecuting, trying, and punishing those responsible for human rights violations.[…] The courts have often subordinated their actions to the executive branch or to military influence, ‘applying legal provisions or rules that are contrary to due process or not applying those they should have’.” I/A Court H.R., Case of Bámaca Velásquez v. Guatemala. Order of the Inter-American Court, Provisional Measures and Monitoring Compliance with Judgment. January 27, 2009, par. 22; and Case of Myrna Mack Chang v. Guatemala. Merits, Reparations and Costs. Judgment of November 25, 2003. Series C No. 101, par.134.13.

395 I/A Court H.R., Case of Myrna Mack Chang v. Guatemala. Merits, Reparations and Costs. Judgment of November 25, 2003. Series C No. 101, par.272; Case of Maritza Urrutia v. Guatemala. Merits, Reparations and Costs. Judgment of November 27, 2003. Series C No. 103, par.176; Case of the Plan de Sánchez Massacre v. Guatemala. Reparations and Costs. Judgment of November 19, 2003. Series C No. 116, par.95; and Case of Molina Theissen v. Guatemala. Reparations and Costs. Judgment of July 3, 2004. Series C No. 108, par.79.

396 I/A Court H.R., Case of Osorio Rivera et al. v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 26, 2013. Series C No. 274, par.205; Case of Anzualdo Castro v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of September 22, 2009. Series C No. 202, par.165.

397 I/A Court H.R., Case of Radilla Pacheco v. Mexico. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 23, 2009. Series C No. 209, par.145; Case of Gómez Palomino v. Peru. Merits, Reparations and Costs. Judgment of November 22, 2005. Series C No. 136, paragraphs 96 and 97; Case of Heliodoro Portugal v. Panama. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 12, 2008. Series C No. 186, paragraphs 188-189; and Case of Anzualdo Castro v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of September 22, 2009. Series C No. 202, par. 66.

398 I/A Court H.R., Case of Gómez Palomino v. Peru, Merits, Reparations and Costs. Judgment of November 22, 2005. Series C No. 136, paragraphs 96-97; Case of Heliodoro Portugal v. Panama. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 12, 2008. Series C No. 186, paragraphs 188-189, and Case of Goiburú et al. v. Paraguay. Merits, Reparations and Costs. Judgment of September 22, 2006. Series C No. 153, par.92.

399 I/A Court H.R., Case of Osorio Rivera et al. v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 26, 2013. Series C No. 274, par.211; Case of Heliodoro Portugal v. Panama. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 12, 2008. Series C No. 186, par.199.

400 I/A Court H.R., Juridical Condition and Rights of the Undocumented Migrants. Advisory Opinion OC-18/03 of September 17, 2003, Series A. No. 18, par.83. The Human Rights Committee has made the same observation: “Non-discrimination, together with equality before the law and equal protection of the law without any discrimination, constitute a basic and general principle relating to the protection of human rights.” Human Rights Committee, General Comment No. 18: Non-discrimination, November 11, 1989, paragraph 1.

401 I/A Court H.R., Case of Barbani Duarte et al. v. Uruguay. Merits, Reparations and Costs. Judgment of October 13, 2011. Series C No. 234, par.174; and Case of Atala Riffo and Daughters v. Chile. Merits, Reparations and Costs. Judgment of February 24, 2012. Series C No. 239, par.82.

402 I/A Court H.R., Case of the Displaced Afro-descendant Communities in the Río Cacarica Basin (Operation Genesis) v. Colombia. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 20 2013. Series C No. 270, par.333.

403 Guatemala signed it on September 8, 1967, and ratified it on January 18, 1983.

404 Committee on the Elimination of Racial Discrimination, General Recommendation No. 23, The Rights of Indigenous Peoples, August 18, 1997, par. 4(b).

405 The IACHR has previously noted that “indigenous people in Guatemala have been historically discriminated against due to ethnic reasons.” IACHR, Justice and Social Inclusion: The challenges of democracy in Guatemala, December 29, 2003, par.210. See, also: IACHR, Fifth Report on the Situation of Human Rights in Guatemala, April 6, 2001.

406 IACHR, Report No. 86/10, Case 12,649, Merits, Community of Río Negro of the Maya Achí People and Its Members, Guatemala, July 14, 2000, par.357.

407 The IACHR has previously described the situation as follows: “The dramatic exclusion and discrimination to which Indigenous populations in Guatemala were subjected, became evident during the armed conflict, when 83% of the victims were Mayans, and against whom acts of genocide were performed. (…) The Commission for Historical Clarification (CEH) said in its report that racism, which materialized in the form of a doctrine of superiority and manifested itself in the Guatemalan State’s conduct, was one of the causes of the armed conflict. It “was also a fundamental factor in explaining the particular brand of brutality and indiscrimination with which the military operations were carried out against hundreds of Maya communities in the western and northwestern sectors of the country, especially between 1981 and 1983, when over half the massacres and scorched-earth operations were perpetrated against them.” According to the CEH, the response to the guerrilla movement was so disproportionate because the counterinsurgency policy sought not only to destroy the social bases of the guerrilla movement, but also to destroy the cultural values that gave the indigenous communities their sense of cohesion and collective endeavor.” IACHR, Justice and Social Inclusion: the challenges of democracy in Guatemala, December 29, 2003, paragraphs 216-217.

408 IACHR, Justice and Social Inclusion: the challenges of democracy in Guatemala, December 29, 2003, par.241.

409 IACHR, Justice and Social Inclusion: the challenges of democracy in Guatemala, December 29, 2003, par.247.

410 I/A Court H.R., Case of the La Rochela Massacre v. Colombia. Merits, Reparations and Costs. Judgment of May 11, 2007, Series C No. 163, par. 221.

411 The I/A Court H.R has previously stated that “If the State has paid compensation to the victims [...], it may deduct the amounts that have been paid for the violations established in this Judgment when paying the reparations ordered. At the stage of monitoring compliance with judgment, the State must prove that, under this program”. I/A Court H.R., Case of Gudiel Álvarez et al. (Diario Militar) v. Guatemala. Merits, Reparations and Costs. Judgment of November 20, 2012. Series C No. 253, par. 389.


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