being reviewed in order to answer the request. In this regard, the Court observes that, as
evidence of these facts, the Commission submitted an annex that supposedly formed part of
a brief that the State had submitted to it on February 22, 2007. However, although the
Inter-America Commission submitted this brief to the Court, the annex does not form part
of the case file that was submitted. Thus, the Court is unable to consider the facts alleged
by the Commission as proved.
209. Nevertheless, the Court considers it pertinent to indicate that State authorities are
obliged to collaborate in obtaining evidence to achieve the objectives of the investigation
and to abstain from taking steps that obstruct the progress of the investigation.298 In this
case, the State acknowledged its responsibility, considering that it “had not guaranteed the
full effectiveness of [the] rights [established in Articles 8(1) and 25 of the Convention] as
regards investigating the facts and punishing those responsible” for the massacres
“following the date on which it accepted the jurisdiction” of the Court. Added to this, during
the public hearing, expert witness Hermann Mörth stated that “what we see today [is] a
permanent pattern […] of failure to cooperate and, at times, of an effort to conceal or not to
cooperate and provide information; this is a pattern that has existed for years […].”
210. Based on the foregoing, the Court concludes that, in the instant case, the military
authorities failed to provide information duly and promptly that would be pertinent for
elucidating the facts. On this point, it should be reiterated that the obligation to investigate,
prosecute and punish, as appropriate, those responsible is an obligation that corresponds to
the State as a whole. This means that all State authorities, within their sphere of
competence, must cooperate, support or assist in the due investigation of the facts.
Therefore, the State is responsible for the violation of the human rights recognized in
Articles 8(1) and 25(1) of the American Convention, in relation to Article 1(1) thereof (infra
para. 237).
B.3.
Investigation of the Xococ massacre
211. In this Judgment, it has already been established that the investigation into the facts
of the massacre committed in Xococ in February 1982 was opened based on the testimony
given by a surviving victim, Denese Joy Burck on March 19, 2001 (supra para. 89). By order
of the Departmental First Instance Judge of Baja Verapaz, the Guatemalan Forensic
Anthropology Foundation performed an exhumation in the village of Xococ from September
4 to 17, 2001. The forensic anthropology report presented by the Foundation indicates that
44 skeletons were recovered, although it did not reject the possibility that more human
remains were still buried. During the said procedure, it was only possible to identify Teresa
Osorio Chen and Crispín Tum Iboy.
212. Meanwhile, on March 27, 2003, Carlos Chen Osorio, a victim in the instant case and
a survivor of the Xococ massacre, appeared before the District Prosecutor of Salamá, Baja
Verapaz, to testify on the events that occurred in the community of the Xococ. However, the
Court has no further information on this investigation.
213. In its Merits Report, the Commission indicated that the State had not provided any
additional information on the investigations carried out into the Xococ massacre and,
furthermore, that it did not have access to the judicial case file. For their part, in the
pleadings and motions brief, the representatives indicated that they did not have any
298
Cf. Case of García Prieto et al. v. El Salvador, supra, para. 112, and Case of Contreras et al. v. El
Salvador, supra, para. 171.
77
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