they considered that the State had violated Articles 12 and 16 of the American Convention,
in relation to Article 1(1) thereof, to the detriment of the members of the community of Río
Negro.
152. As indicated previously in this Judgment (supra para. 17(f)), the State “indicated its
partial acknowledgement” of the violation of the rights recognized in Articles 12 and 16 of
the American Convention, in relation to Article 1(1) thereof, to the detriment of the
members of the community of Río Negro. This was because, according to the State, “the
said violations could transcend over time and include the temporal space under [the
Court’s] jurisdiction.”
C.2.
Considerations of the Court
153. Owing to the “partial” acknowledgment of international responsibility made by the
State, the Court will now analyze the alleged violations of the personal integrity of the
members of the community of Río Negro, derived from the deterioration in their cultural and
spiritual life resulting from the impossibility of burying their deceased in accordance with
their beliefs, and from the loss of spiritual guides and sacred places, as well as from the
destruction of their social and family structures.
154. In this regard, the Court recalls that, in its Article 12, the American Convention
establishes the right to freedom of conscience and religion, which, according to this Court’s
case law, allows people to maintain, change, profess or disseminate their religion or beliefs.
This right is one of the pillars of a democratic society. In its religious dimension, it
constitutes a transcendental element for the protection of the convictions of believers and
for their way of life.243
155. The American Convention does not explicitly establish the right to “bury the dead.”
The Inter-American Court has addressed this issue not as a substantive right, but in the
context of the reparations in cases of forced disappearances; mainly, as a result of the
violation of another right that is established in the Convention. Thus, for example, the Court
has ordered that, if the remains of a disappeared person are found, they must be returned
to his or her next of kin, and the State must cover the funeral or burial costs.244 Also, in
other cases, the Court has referred to the impossibility of burying the dead as a fact that
increases the suffering and anguish of the next of kin, which can be considered in the
reparations when determining an amount for the non-pecuniary compensation in their
favor.245
156. However, in the instant case, during the public hearing, expert witness Rosalina
Tuyuk referred to the importance of the farewell rites for the dead in the Mayan culture:
[…] there is always a rite of farewell, preparation, appreciation of the people that pass on to the
other dimension of life, and this is the part that could not be performed with most of those who
were violently murdered, those who were massacred […] and those who were disappeared. In
other words, this part is […] like a debt we have […] to give our deceased an honorable burial.
243
Cf. Case of “The Last Temptation of Christ” (Olmedo Bustos et al.) v. Chile. Merits, reparations and costs.
Judgment of February 5, 2001. Series C No. 73, para. 79.
244
Cf. Case of La Cantuta v. Peru. Merits, reparations and costs. Judgment of November 29, 2006. Series C
No. 162, supra, para. 232, and Case of González Medina and family members v. Dominican Republic, supra, para.
291.
245
Cf. Case of the Plan de Sánchez Massacre v. Guatemala. Reparations and costs, supra, para. 87(a), and
Case of the Dos Erres Massacre v. Guatemala, supra, paras. 226 and 292.
61
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