Many of the next of kin, regardless of the number of years that have gone by, […] continue to look
for their deceased victims in the clandestine cemeteries and […] this does not give […] peace of
mind, [or…] happiness, and therefore [they…] need to close this mourning process. In other words,
for many of them, it is still an open wound; it continues to be an active grieving process as a result
of not having been able to perform that rite with our deceased in order to give them an honorable
burial […]. Since the exhumations started in the clandestine cemeteries, it has been the victims
who have assumed most of them, rather than the State, because the State has never considered
them a priority or offered support for […] these exhumations. This has placed […] a considerable
emotional burden on the family life because, with each cemetery that is exhumed and with each
cemetery that is closed again, the search cycle is closed again. In other words, when the family [of
the] victims of […] the massacres find a loved one and bury him or her, the cycle of searching and
grief ends […].
157. In this case, even though there have been some exhumations of remains that
presumably belong to members of the community of Río Negro, only a very few people have
been identified (infra para. 220). In addition, in this Judgment, it has been established that
17 individuals were forcibly disappeared (supra para. 127). Therefore, it is evident that the
next of kin of these people have not been able to bury them or perform the funeral rites
according to their religious beliefs.
158. Furthermore, during the public hearing, expert witness Rosalina Tuyuc also indicated
that the Mayan cemeteries are considered sacred ground. Thus, she stated that:
[…] the remains of all the family, friends and acquaintances are deposited there […]. [H]owever,
many of the victims of the armed conflict do not have this; in other words, they were left on the
streets or they were buried elsewhere; thus the need to find those who have disappeared, those
who were massacred and who are in clandestine cemeteries, so that they can be taken to that
sacred place where the victims […] can take flowers, food, celebrate rites […]. [F]or many years
that has not been possible for the families who are searching for their loved ones who have
disappeared.
159. In addition, expert witness, Alfredo Itzep Manuel emphasized that “the actual Maya
Achí people of Río Negro have more ties with the sites of Los Encuentros, Pachelaj, Los
Mojones and Cerro Choquián […].”246 However, for them, the construction of the Chixoy
hydroelectric plant “signified the closing or blocking off of the water, which means the
closure of life itself.”247 In this regard, he indicated that the members of the community of
Río Negro who survived the massacres lost contact with their sacred grounds, because
many of these sacred sites for the actual Maya Achí, including Los Encuentros, were flooded
owing to the construction of the Chixoy hydroelectric plant. This is one of the places they
went to celebrate their rituals.248
52.
Therefore, on the one hand, the Court observes that, nowadays, the members of the
community of Río Negro cannot celebrate their funeral rites because the State has not found
or identified most of the remains of those supposedly executed during the massacres, and
that 17 people remain forcibly disappeared. But, on the other hand, they cannot perform
any other type of rites, because the sacred locations they used to visit have been flooded
owing to the construction of the Chixoy hydroelectric plant. This Court has already indicated
that the special relationship of the indigenous peoples with their ancestral lands is not
merely because they constitute their main means of subsistence, but also because they are
an integral part of their cosmovision, religious beliefs and, consequently, their cultural
246
Expert opinion provided by Alfredo Itzep Manuel by affidavit (merits file, tome II, folio 1036).
247
Expert opinion provided by Alfredo Itzep Manuel by affidavit (merits file, tome II, folio 1044).
248
Cf. Expert opinion provided by Alfredo Itzep Manuel by affidavit (merits file, tome II, folios 1040, 1048,
1049 and 1052).
62
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