146. Nevertheless, evidence in the case file before the Court reveals that, based on the
judgment issued on May 28, 2008, by the Sentencing Court on Crime, Drug-trafficking and
Offenses against the Environment of the department of Baja Verapaz (supra para. 101), at
least 10 of the individuals removed from the Community of Río Negro during the massacre
that occurred in Pacoxom gave testimony234 and, according to this court, all recounted “the
tragic experiences they had lived through in order to survive in an environment that was
foreign and hostile for them”235 when, as children, they were “forced to live with families
that were not their own and in a community that was foreign to them.”236 Also, when
assessing the testimony of one of these individuals, Pedro Sic Sánchez, the said court
referred to “the ill-treatment that, evidently, left physical and emotional scars on the victims
such as this witness, [who had been] taken from his village” to live with those who had
victimized him.237
147. In this regard, Juan Uscap Ivoy testified that he “underwent suffering with [the
people who had taken him] for approximately […] two and a half years; we suffered; they
did what they wanted […], which is a violation of childhood […] and now we have the
anguish […].”238 In addition, before domestic courts239 and during the public hearing held
before this Court, Jesús Tecú Osorio recounted how the patroller who had killed his brother,
who was about one year old during the Pacoxom massacre, forced him to work and abused
him, even, on one occasion, choking him until he fainted. In another statement made at the
domestic level in 1995, Tecú Osorio said that: “[w]hen I remember […] what happened, […]
this sadness, I want to take revenge on those who did this. […] But, after a while, I tell
myself no, it would be better not to take revenge on them, because that would make me a
murderer like them.”240
Status and Human Rights of the Child, the Court recognized that the mutual enjoyment of coexistence between
parents and children constitutes a fundamental element of family life, and observed that the European Court had
established that article 8 of the European Convention on Human Rights is not only designed to protect the
individual against arbitrary interference by public authorities, but also supposes positive State obligations to
promote effective respect for family life.
234
Namely: María Eustaquia Uscap Ivoy, Froilan Uscap Ivoy, Pedro Sic Sánchez, Jesús Tecú Osorio, José
Osorio Osorio, Juan Chen Chen, Juan Chen Osorio, Juan Uscap Ivoy, Tomasa Osorio Chen and Silveria Lajuj Tum.
Judgment handed down by the Sentencing Court for Crime, Drug-trafficking and Offenses against the Environment
of the department of Baja Verapaz, Salamá, on May 28, 2008, Case No. 28-2003-Of.-1 (file of annexes to the
submission of the case, tome II, folios 714, 718 to 719, 723, 728, 729, 731 to 736, 752 to 756, 759 to 760, 765 to
766, 782, 784, and 787 to 789, 790, 793 to 799, 803 to 804, 807, 809 to 813, 815 to 817, 824 to 831, 835, 838,
839, 841, 845 to 847, and 855 to 856, 857 to 859, and 861).
235
Judgment handed down by the Sentencing Court for Crime, Drug-trafficking and Offenses against the
Environment of the department of Baja Verapaz, Salamá, on May 28, 2008, case No. 28-2003-OF 1º (file of
annexes to the submission of the case, tome II, folios 816 to 817).
236
Judgment handed down by the Sentencing Court for Crime, Drug-trafficking and Offenses against the
Environment of the department of Baja Verapaz, Salamá, on May 28, 2008, case No. 28-2003-Of. 1º (file of
annexes to the submission of the case, tome II, folio 723).
237
Cf. Judgment handed down by the Sentencing Court for Crime, Drug-trafficking and Offenses against the
Environment of the department of Baja Verapaz, Salamá, on May 28, 2008, case No. 28-2003-Of. 1º (file of
annexes to the submission of the case, tome II, folios 742 to 743).
238
Judgment handed down by the Sentencing Court for Crime, Drug-trafficking and Offenses against the
Environment of the department of Baja Verapaz, Salamá, on May 28, 2008, case No. 28-2003-Of. 1º (file of
annexes to the submission of the case, tome II, folio 847).
239
Cf. Judgment handed down by the Sentencing Court for Crime, Drug-trafficking and Offenses against the
Environment of the department of Baja Verapaz, Salamá, on May 28, 2008, Case No. 28-2003-Of. 1º (file of
annexes to the submission of the case, tome II, folios 752 to 756, 759 to 760, and 765 to 766), and testimony of
Jesús Tecú Osorio of February 1995, Criminal proceedings 001-98-1 (file of annexes to the submission of the case,
tome I, folios 574 to 576).
240
Testimony of Jesús Tecú Osorio of February 1995, Criminal proceedings 001-98-1 (file of annexes to the
submission of the case, tome I, folio 576).
59
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