The facts of the case refer to the forced disappearance of María Tiu Tojín and Josefa, her newborn daughter, at the hands of officers of the Guatemalan army and members of the Civilian Defense Patrol (PAC). Mrs Tiu Tojín was part of the Community of Population in Resistance of Santa Clara, known as “la Sierra,” in the Department of Quiché, and she was also linked to the Council of Ethnic Communities Runujel Junam and to the National Committee of Guatemalan Widows, organizations which promoted non-participation in the Civilian Defense Patrols during the internal armed conflict in the country.

The IA Court considered the events of the case constituted state practice during the time of internal armed conflict and were carried out by security forces. Through this practice members of insurgent movements or people identified as being inclined to insurgency were captured and held secretly without notifying a legal authority, and tortured in order to obtain information and, possibly, even murdered.

The State acknowledged complete responsibility for the acts. The IA Court delivered judgment on the scope of this, referring to the obligation of guaranteeing and respecting human rights regarding impunity and the obligation to investigate. Considering this latter point, it evidenced the differentiated impact of impunity on indigenous peoples and the social and cultural obstacles they face when accessing a judicial recourse.