B.3. Measures adopted by the State to revert the effects of the displacement 183. This Court has verified that the living conditions in Pacux have not allowed its inhabitants to return to their traditional economic activities. Instead, they have had to participate in economic activities that have not provided them with a stable income, and this has also contributed to the disintegration of the social structure and the cultural and spiritual life of the community. In addition, the facts of the case have proved that the inhabitants of Pacux live in very precarious conditions, and that their basic needs in the areas of health, education, electricity and water are not being fully met (supra paras. 85 and 86). Therefore, although Guatemala has made efforts to resettle the survivors of the massacres of the Río Negro community, it has not created the conditions or provided the means that are essential for repairing or mitigating the effects of its displacement, which was caused by the State itself. B.4. Conclusion 184. Consequently, the Court finds that the State of Guatemala is responsible for the violation of Article 22(1) of the American Convention, in relation to Article 1(1) thereof, to the detriment of the survivors of the Río Negro massacres who live in the Pacux settlement. The names of these individuals are found in Annex VII of this Judgment. XII JUDICIAL GUARANTEES AND JUDICIAL PROTECTION UNDER THE AMERICAN CONVENTION, IN RELATION TO ARTICLE 1(1) THEREOF AND TO ARTICLES I OF THE INTER-AMERICAN CONVENTION ON FORCED DISAPPEARANCE OF PERSONS, 1, 6 AND 8 OF THE INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE, AND 7(B) OF THE INTER-AMERICAN CONVENTION ON THE PREVENTION, PUNISHMENT AND ERADICATION OF VIOLENCE AGAINST WOMEN A. Arguments of the parties and of the Inter-American Commission 185. The Commission and the representatives emphasized that impunity constituted one of the main components of the system of extreme violence and persecution in the context of which the grave human rights violations in this case were committed. In this regard, they indicated that approximately 28 years after the facts took place, 16 years after having initiated judicial proceedings regarding the Río Negro (Cerro Pacoxom) and Agua Fría massacres, and eight years after having started the proceedings regarding the Xococ massacre, only a few of the actual perpetrators have been prosecuted, while “the mastermind continues collecting his pension as a retired soldier, despite the existence of a warrant for his arrest […].” Furthermore, despite the existence of proceedings regarding the Agua Fría massacre, they argued that no one had been convicted owing to the failure to identify the remains exhumed, so that the facts remain in complete impunity. With regard to the investigation into the facts of the Pacoxom and Agua Fría massacres, the Commission argued that the defendants have made indiscriminate use of legal remedies in order to delay the proceedings, and this has been tolerated by the authorities. Finally, the Commission indicated that “the failure to comply with the increased obligation to investigate and prosecute the acts of genocide and racism perpetrated against the Río Negro community perpetuates the effects of racial discrimination to which the members of the Maya Achí people were subjected.” In this regard, it argued that “a diligent investigation and trial with regard to what happened are the only appropriate measures to end the racial discrimination and its effects, by repairing the rights of the surviving victims.” 69

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