corresponding proceedings must be publicized so the Guatemalan society may know the
facts that are the purpose of the instant case, as well as those responsible for them.334
259. As it has in other cases,335 the Court assesses positively the publication of the
report of the CEH, Guatemala: Memoria del Silencio, which includes the case of the Río
Negro massacres, as an effort that has contributed to the search for and determination of
the truth concerning an historical period in Guatemala. Despite this, the Court considers it
pertinent to clarify that the “historical truth” included in that report does not fulfill or
substitute for the State’s obligation to establish the truth and ensure the judicial
determination of individual or State responsibilities through the pertinent proceedings.336
260. In addition, regarding the State’s observation during the public hearing that
Rosalina Tuyuc, expert witness in this case, has not wanted to hand over documentation
regarding the presumed rape of several women of the Río Negro community, so that the
National Reparation Program can be activated, the Court finds it pertinent to indicate that
the monitoring, denunciation and educational activities carried out by human rights
defenders make an essential contribution to the observance of human rights, since they act
as guarantors against impunity.337 However, the Court reiterates, as it has already in this
Judgment (supra paras. 193, 194, 196, 228 and 236), that the investigation into the facts
that occurred during the five massacres of the instant case is an obligation that must be
complied with ex officio by the State, and that the said investigation should not depend on
the procedural actions of private individuals and, especially, merely on the evidence that
the can provide.
261. The investigation of the facts is a legal obligation that corresponds to the State, so
that each procedural measure that it takes must reflect the commitment assumed by
Guatemala in order to eradicate the impunity for the facts, an obligation of guarantee
resulting from Article 1(1) of the American Convention. To comply with this obligation, the
State must combat this impunity by all legal means available, because impunity
“encourages the chronic repetition of the human rights violations and the complete
defenselessness of the victims and their next of kin.”338 The State must also “organize the
entire government apparatus and, in general, all the structures through which the exercise
of public power is expressed so that they are able to legally ensure the free and full
exercise of human rights.”339
262. Furthermore, this Court has established in its case law that when a State is a party
to international treaties such as the American Convention on Human Rights, the InterAmerican Convention on the Forced Disappearance of Persons, the Inter-American
Convention to Prevent and Punish Torture, and the Inter-American Convention on the
Prevention, Punishment and Eradication of Violence Against Women, the said treaties are
334
Cf. Case of El Caracazo v. Venezuela. Reparations and costs, supra, para. 118, and Case of González
Medina and family members v. Dominican Republic, supra, para. 286.
335
Cf. Case of the Dos Erres Massacre v. Guatemala, supra, para. 232, and Case of Chitay Nech et al. v.
Guatemala, supra, para. 234.
336
Cf. Case of Almonacid Arellano et al. v. Chile, supra, para. 150, and Case of Chitay Nech et al. v.
Guatemala, supra, para. 234.
337
Cf. Case of Valle Jaramillo et al. v. Colombia, supra, para. 88, and Case of Fleury et al. v. Haiti, supra,
para. 80.
338
Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits, supra, para. 173, and Case of
Chitay Nech et al. v. Guatemala, supra, para. 236.
339
Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 166, and Case of Torres Millacura et al. v.
Argentina, supra, para. 98.
90
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