of forced disappearance. A first group of 11 individuals, including a young girl and three adolescents,
were last seen alive in the village while it was under siege by the army and, to date, their
whereabouts remain unknown. These people are allegedly: Rosendo García Sermeño, Félix Lux, Félix
Salvatierra Morales, Andrea Castellanos Ceballos, Braulia Sarceño Cardona, Edelmira Girón Galbez
and Paula Morales, and the children Norma Morales Alonzo, Victoriano Salvatierra Morales, Antonio
Santos Serech and Joselino García Sermeño. The representatives added that the State had
compensated the families of five of these victims for their “supposed death.” They indicated that,
regarding another 3 people, they had received several testimonial statements recounting that these
individuals had been intercepted by soldiers and nothing had ever been heard of them again. They
concluded that the State was responsible for the violation of Articles 3, 4, 5 and 7 of the American
Convention, in accordance with the obligations contained in the ICFDP and in Article 1(1) of the
American Convention in relation to all those concerned, and in Article 19 in the case of the children.
60.
The State did not submit specific arguments in this regard.
a.2
Right to freedom of movement and residence
61. The Commission recalled that the evolutive interpretation of the right to freedom of movement
had allowed the Court to consider that this provisions also protected “the right not to be forcibly
displaced within a State Party.” In this case, the Commission considered it proved that the inhabitants
of Los Josefinos had been forced to abandon their village and seek refuge, first in the hills and later
elsewhere in the country or abroad. The survivors displaced from Los Josefinos were unable to return
to their homes and lived for several months, or even years, struggling to survive amid threats and
persecution, hunger and lack of access to basic services. Consequently, the Commission concluded
that the State of Guatemala had violated the right to freedom of movement and residence recognized
in Article 22(1) of the American Convention in relation to the obligations established in Article 1(1)
of this instrument.
62. The representatives argued that, although the Court did not have jurisdiction to refer to the
events of the massacre, forced displacement is of a continuous nature and persists until those
affected return to their place of origin or are voluntarily resettled. They added that, for several years
the displacement became constant, from one place to another, and even continued after March 9,
1987, until the Peace Accords were signed in 1996. They also indicated that other victims never
returned; rather, they settled in other places, within and outside Guatemala, where they still remain.
63. They also underscored that the State had not adopted special measures of protection for women
and children, whose situation was especially vulnerable in the context of displacement. Therefore,
the State was allegedly responsible for the violation of the rights to personal integrity (Article 5 of
the American Convention), to freedom of movement and residence (Article 22 of the American
Convention) and to privacy and family life (Article 11 of the American Convention) of the displaced
victims. They also indicated that the State had not adopted measures to preserve family units and
to facilitate the search for, identification and family reunification of the families dispersed by the
armed conflict and that at least four children had been separated from their parents for long stretches
of time, which allegedly violated Articles 11(2), 17 and 19 of the American Convention.
64.
The State did not submit specific arguments in this regard.
a.3. Rights of the family and rights of the child
65. The Commission alleged that, following the flight, four of Elvira Arévalos Sandoval’s children
became lost and it was only seven years later that she found out that one of them, Rigoberto (1
year), had died in the forest, while the other three, Ernestina (14 years), Romelia (13 years) and
Rolando (2 years) had taken refuge in Mexico, where they remained separated from their mother,
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