12 December 13, 1991, the President of Guatemala and ACNUR signed a “Letter of Understanding” on the voluntary return of Guatemalan refugees.32 33. On October 8,1992, agreements were signed by Guatemala, represented by CEAR and the CCPP, that spelled out the conditions for the return of the refugees in Mexico. 33 “The CEH indicated that the agreements had frequently been interpreted ‘broadly by the returnees as a commitment on the part of the Army not to enter or patrol near their communities.’”34 34. In December 1992, the CCPP made public the decision to begin the repatriation on January 13, 1993. Around 8,000 refugees expressed their interest in immediate repatriation. The UNHCR, the CEAR and the Mexican Commission of Support for Refugees agreed to oversee the resettlement. Guatemala accepted the proposal of the UN expert for human rights in Guatemala to keep the soldiers of the military base away from the resettlement zone.35 B. Regarding the “Aurora 8 de octubre” Community in the Xamán finca 35. With the return of those who had settled in Mexico, the “Aurora 8 de octubre” Community was created in 1994. It was located on the Xamán finca, in the Municipality of Chisec, Department of Alta Verapaz in Guatemala. In 1994, the Community was comprised of some 90 families that had been in Mexico and another 50 families that already lived there. The families of the Community were members of the indigenous Mayan people, both q’eqchi’, mam and q’anjob’al and, to a lesser degree, ixil and k’iche’. Those who returned to live in the Community had survived the massacres that occurred in their native village in 1982.36 The members of this Community had been victims of human rights violations prior to the events of 1995, including massacres and forced displacement. Therefore, the State was obligated, upon their return, to provide them with special protection and to prevent any situation of revictimization. C. Regarding the events the occurred in October 1995 in the Xamán finca 36. As was noted by the State, an incident occurred on October 5, 1995, about one year after the creation of the Community, that cost the lives of several people and injuries The events mentioned in this paragraph appear in paragraphs 42 to 44 of the Report on the Merits, under the heading “Proven Facts.” The Commission gave as its source a Web site that had verified the “Letter of Understanding,” as well as a document that it identified as “IACHR, Fourth report on the situation of human rights in Guatemala, of June 1, 1993.” 33 Cf. Agreement signed between the CCPP and the Government of Guatemala; Guatemala, October 8, 1992 (evidence file, annex 3 to the final written arguments of the representative, fs. 5575 to 5583). Tomás Grave Morente testified before the Inter-American Court, in the public hearing of February 9, 2018, that agreements to return from Mexico were negotiated to guarantee that the returnees would not be killed if they returned and, thus, the Government signed a guarantee that enabled a massive return. Similarly, Natividad Sales, in her testimony before the Court at the same public hearing, noted that the CCPP was created in an attempt to arrive at agreements with the Government that would guarantee the rights of the returnees. 34 CEH, Guatemala: Memory of Silence, supra, Volume VI, Illustrative Cases, Annex 1, Illustrative Case 3: Xamán Massacre. 35 The events mentioned in this paragraph appear in paragraph 47 of the Report on the Merits, under the heading “Proven Facts.” The Commission gave as its source a Web site that had verified the “Letter of Understanding,” as well as a document that it identified as “IACHR, Fourth report on the situation of human rights in Guatemala, June 1, 1993.” 36 Cf. CEH, Guatemala: Memory of Silence, supra, Volume VI, Illustrative Cases, Annex 1, Illustrative Case 3: Xamán Massacre and affidavits of Efraín Grave Morente (evidence file, fs. 601 to 611) and of Tomás Grave Morente before the Court, supra. They explained what had motivated their families to live in Mexico and what had motivated them to return to Guatemala. In addition, Natividad Sales Calmo, in the same public hearing of February 9, spoke on what motivated persons to leave Guatemala and seek refuge in Mexico. 32