3
not in the quest for the common good), or when the State’s public power structure is
activated in support of private interests (as frequently occurs nowadays). Thus, the
international criminal liability of the individual does not absolve the State. The two
complement each other, and this recognition is of crucial importance for the
eradication of impunity. As I noted in my separate opinion in the judgment on merits
in this case:
"The provisions of contemporary international law are addressed directly at the State
and its agents; the conduct of both is established and regulated by the latter, and both
the State and its agents must be accountable for the consequences of their acts and
omissions" (para. 38).
II.
Time and Law Revisited
11.
More than 22 years have elapsed between the time the Plan de Sánchez
Massacre occurred on July 18, 1982, and this judgment on reparations that the
Inter-American Court has just delivered. More than 22 years have elapsed since this
massacre fragmented the Maya-Achí community, damaged its cultural identity,
destroyed its family roles, and gave rise to a cultural vacuum. Nevertheless, the
surviving victims have stated in their testimonies before this Court that they relive
this misfortune “all the time,” that they remember everything as if it had happened
“yesterday.” 2 They cannot forget.
12.
More than 22 years have elapsed since the victims were obliged to live side
by side with the perpetrators. More than 22 years have elapsed of humiliation faced
with the difficulty of locating the clandestine cemeteries and exhuming the corpses of
the massacre. More than 22 years have elapsed of prolonged denial of justice and
the consequent impunity. However, the passage of time has not erased what
happened from the memory of the surviving victims. They cannot forget.
13.
More than 22 years after the Plan de Sánchez massacre, the defendant State
has finally acknowledged its international responsibility for the grave human rights
violations 3 in this case and, following the court’s judgment on merits in the instant
case, the surviving victims now have a judgment on reparations. During the
contentious proceeding before the Court, the State assumed a constructive attitude.
But what is the impact of the passage of this extended period (more than 22 years)
on the application of law, as regards the reparations that the Court has just ordered?
This was precisely the question I asked during the public hearing on reparations
before the Court, on April 23 and 24, 2004.
14.
My question was motivated by concern about the destruction of the family
roles and the fragmentation of the social fabric and cultural identity of the members
of the Maya-Achí people who had been victimized, and the consequent “loss of the
transmission of oral knowledge” (above all, owing to the massacre of the women and
2
.
Inter-American Court of Human Rights (IACtHR), Transcript of the public hearing on the Plan de
Sánchez Massacre v. Guatemala held at the seat of the Inter-American Court of Human Rights on April 23
and 24, 2004, p. 121 (in Spanish, for internal circulation only).
3
.
Embodied in Articles 1(1), 5(1) and (2), 8(1), 11, 12(2) and (3), 13(2)(a) and (5), 16(1), 21(1)
and (2), 24 and 25 of the American Convention; cf. para. 50 of this judgment.