6
-
The detention and disappearance of Depaz Siprian (or Florencio Depaz Cipriano) and the
detention of Ciriaco Galiego López on January 8 and 9, 1982 (infra, paragraphs 103-104);
The disappearance of Leonardo Cahuec González on January 18, 1982 (infra, paragraphs 110111);
The detention and execution of Gorgonio González González, Gabino Román Yvoy and Eustaquio
Ixtecoc on November 26, 1982 (infra, paragraphs 125-127), and
The execution of Rosa González Tecú, Enriqueta Tecú, Luciano Alvarado Xitumul, Héctor Rolando
Alvarado García, Adela Florentina Alvarado García, Luciana Xitumul Ixpancoc, María Concepción
Xitumul Xitumul and a baby girl, name unknown, on March 2, 1983 (infra paragraph 128).
33.
From the wording of the acknowledgement of responsibility, the Commission observes
that it also includes those cases for which cases have been opened with the “institutions of national
justice.” In addition to the names listed in the preceding paragraph, the Commission would submit the
following account of the facts pertaining to the cases for which complaints have been filed and a case
file has been opened, so that they, too, might be included in the acknowledgement of responsibility.
34.
Based on the foregoing, the Commission accords legal effects to the State’s
acknowledgement of responsibility.
35.
Bearing in mind the need to help reconstruct the truth and the reparative effect that
clarification of the facts has for the next of kin, the Commission will now proceed to describe the
context, the facts of the case and their legal consequences in light of the American Convention. In
ascertaining the facts, the Commission will take the available evidence into account and give particular
consideration to the State’s acknowledgement of responsibility.
B.
Established facts
1.
Background and context
1.1.
Armed conflict in Guatemala: causes and State policy
36.
An armed conflict gripped Guatemala between 1962 and 1996. Among the underlying
causes of that conflict identified by the CEH in its report titled “Guatemala: Memory of Silence”
(hereinafter the “CEH Report” or “Memory of Silence”) were a prevailing structural injustice, racism and
the exclusionary practices of institutions with respect to large cross-sections of Guatemalan society.2
37.
The armed conflict in Guatemala exacted an enormous human, material, institutional
and moral toll. During this period, estimates are that over two hundred thousand people were victims
of arbitrary executions and forced disappearance.3 Furthermore, 91% of the violations recorded by the
CEH occurred between 1978 and 1983, under the dictatorships of generals Romeo Lucas García (1978-
2
3
Annex 1. CEH, Memory of Silence, Volume V, Conclusions and Recommendations, paragraph 12.
In its documentation work, the CEH recorded 42,275 victims of arbitrary executions and forced disappearance. A
total of 23,671 were the victims of arbitrary executions, and 6,159 were victims of forced disappearance. Annex 1. CEH,
Memory of Silence, Volume V, Conclusions and Recommendations, paragraph 1.