148. Furthermore, in a statement made on June 24, 2009, at the domestic level, Juana
Chen Osorio recounted the abuse she and her younger brother suffered at the home of the
patroller who took them from their village:
“[…] I would hide and cry […] they changed our name, […] they hit us […] because we could not work
[…].I was in despair; Juan told me ‘I am going to leave and I am going to kill myself,’ […] and the woman
heard, and she went to fetch Juan, and […] there was a hole [sic] in the fire and she burned Juan’s feet; I
began to tend to Juan, who was screaming; that was just a small taste of what’s to come, she told him.
You two have to work. Where will the money for your clothes come from?”241
149. For his part, Juan Chen Osorio testified that he is “now an orphan, […] since [he]
was five years old [his] life has been filled with sadness, pain, [he] feel[s he has] been
harmed […;] that’s why [he is] here, to testify to the truth; […] hopefully things like this
will not happen again, […] what [he] suffered was very difficult […] and one will never
forget.”242
150. From the testimony given before domestic courts and before this Court, it is clear
that those who were taken from the community of Río Negro during the Pacoxom massacre
and who were forced to work in the homes of members of the Civil Self-defense Patrols
suffered an increased impact on their mental integrity, the consequences of which remain
until today. Therefore, taking into consideration the State’s acknowledgment of
responsibility, the Court considers that Guatemala is responsible for the violation of the
rights recognized in Article 5(1) of the American Convention, in relation to Articles 6, 17 and
1(1) thereof, to the detriment of María Eustaquia Uscap Ivoy. The State is also responsible
for the violation of Article 5(1) of the Convention, in relation to Articles 6, 17, 19 and 1(1)
thereof, to the detriment of Agustín Chen Osorio, Celestina Uscap Ivoy, Cruz Pérez Osorio,
Froilan Uscap Ivoy, Jesús Tecú Osorio, José Osorio Osorio, Juan Chen Chen, Juan Chen
Osorio, Juan Pérez Osorio, Juan Uscap Ivoy, Juana Chen Osorio, Pedro Sic Sánchez, Silveria
Lajuj Tum, Tomasa Osorio Chen, Florinda Uscap Ivoy and Juan Osorio Alvarado.
C.
Violation of the right to personal integrity, in relation to freedom of
conscience and religion, and the right to their own culture of the survivors of the
Río Negro massacres
C.1.
Arguments of the parties and of the Inter-American Commission
151. The Commission and the representatives maintained that, as a result of the
massacres, the collective life of the community of Río Negro “suffered fissures until it was
left without leaders, separated and, to all intents and purposes, annihilated,” and that the
events that occurred changed the community’s customs and promoted the isolation of its
members, which led to the destruction of the said community’s social fabric. Owing to the
militarization of the area, which was maintained for several years, “the survivors were afraid
to reconstruct their social fabric.” In addition, they indicated that the way in which the
soldiers and patrollers buried or destroyed the mortal remains of the people who had been
executed during the five massacres meant that they were not buried in accordance with the
cultural, religious and spiritual beliefs of the community of Río Negro, which accord
particular importance to the ties that unite the living and the dead. Based on the above,
241
Testimony of Juana Chen Osorio of June 24, 2009 (file of annexes to the submission of the case, tome I,
folios 531 to 533.
242
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 790 and 792).
60
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