possible to ascertain that the State offered to provide Mrs. B.A. with three types of
protection consisting of: the assignation of personal protection, protection at a fixed place
and perimeter surveillance, which would be provided by police agents. 287
176. For the Court, two aspects are fundamental in relation to the alleged measures of
security and protection offered by the State. First, the specific offer was made in 2008,
that is, at least three years after family A was forced to leave. Therefore, during that
period, it is clear that the State failed in its duty to provide the necessary conditions to
enable those individuals to return voluntarily to their places of residence. Secondly, the
information provided by the representatives makes it clear that in 2008 the State offered,
at least, to “assign personal protection, protection in a fixed position and perimeter
surveillance” (supra para. 175). The evidence does not indicate how those measures were
to be implemented in terms of time, means and place, as well as their duration.
Consequently, it is not possible to determine whether these measures were intended to
facilitate a voluntary, dignified and safe return to their usual place of residence, or to
guarantee their protection at the place where they stayed outside the village of Cruce de
la Esperanza, or how they would guarantee the victims’ full participation in planning and
arranging their return or reinsertion. Nor is it clear whether these measures were to be
implemented only in favor of B.A., or whether they would include her mother C.A., her
children L.A. and N.A., her sister E.A., and her sister’s children, J.A. and K.A.
177. The lack of evidence to dispute the ineffectiveness of the State’s alleged offer of
measures of security and protection, together with B.A.’s statement and the absence of
information by the State, allow the Court conclude that the State did not adopt sufficient
and effective measures to guarantee the members of family A, who were forcibly
displaced, a safe and dignified return to their usual places of residence or voluntary
resettlement in another part of the country, ensuring their full participation in the planning
and management of a process of return or reinsertion.
178. In conclusion, given that B.A., her mother C.A., her children L.A. and N.A., and
her sister E.A. and her children, J.A. and K.A., were forced to leave their usual places of
residence and move away owing to the particular situation of danger they faced, the lack
of protective measures and the fear they felt, and that the State failed in its obligation to
provide the necessary conditions to facilitate their voluntary, dignified and safe return to
their usual places of residence, or their voluntary resettlement in another part of the
country, the Court declares the violation of Article 22(1) of the American Convention, in
relation to Article 1(1) thereof. Moreover, given that there were children among these
victims of enforced displacement, namely N.A., J.A. and K.A. (supra para. 169), the Court
concludes that the violations in their regard also occurred in relation to Article 19 of the
Convention in application del principle iura novit curia.
179. As to F.A. and G.A., the children of A.A., who allegedly remained in Mexico because
they were unable to fulfill their plan to return to Guatemala, in the Case of Gudiel Álvarez
et al. (“Diario Militar”) the Court declared the violation of Article 22(1) of the Convention
to the detriment of those individuals, due to the fact that they were unable to return and
that their displacement continued after March 9, 1987. Thus, the Court has already
concluded that the State “failed to comply with its obligation to provide the necessary
conditions to facilitate a voluntary, dignified and safe return” for those victims. 288
180. The Court also considers that in this case it is not necessary to examine the
arguments of the Commission and the representatives regarding the possible impacts of
displacement on the personal integrity of Mr. A.A.’s relatives. The possible effects
generated by that displacement will be taken into account in establishing the
corresponding reparations.
287
Cf. Brief of June 6, 2008 (File of the proceedings before the Inter-American Commission, page 386); Brief
of May 6, 2009 (File of the proceedings before the Inter-American Commission, page 294); Brief of June 23, 2009
(File of the proceedings before the Inter-American Commission, page 298), and Brief of August 8, 2011 (File of the
proceedings before the Inter-American Commission, page 37).
288
Cf. Case of Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala, supra, para. 308.
55
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