32.
Furthermore, neither the American Convention nor the Rules of Procedure of the IACHR
require that the petition identify the specific rights allegedly violated by the State in a matter submitted to the
Commission, though the petitioners may do so. It is up to the Commission, based on the case-law of the interAmerican system, to determine in its admissibility reports which provision of the relevant inter-American
instruments is applicable or could be established as having been violated, if the facts alleged are sufficiently
proven.
33.
In first place, the petitioners allege that the Guatemalan State violated the right to life (Article
4) of the inhabitants of Los Josefinos as a result of the massacre perpetrated by the Army. With regard to the
right to humane treatment (Article 5), they say that this was violated to the detriment of the inhabitants of that
village through the violence inflicted by the state agents prior to the killings. The State, for its part, accepts that
the aforesaid massacre was perpetrated by Guatemalan military forces. In this regard, the IACHR considers that
the above submissions could tend to show in the stage on merits possible violations of rights contained in
Articles 4 and 5 of the Convention to the detriment of the inhabitants of Los Josefinos, in connection with Article
1(1) of that instrument.
34.
With respect to the violations of the rights to a fair trial and judicial protection (Articles 8 and
25), the petitioners state that they were violated to the detriment of the survivors and relatives of the alleged
victims by the lack of diligence in investigating the truth and by the unwarranted delay in same. On this point,
the State indicates that it has taken every step to conduct an effective investigation. If proven, the respective
claims could amount to violations of Articles 8 and 25 of the American Convention, in connection with Article
1(1) thereof, to the detriment of the survivors of the massacre and the relatives of the alleged victims.
35.
In addition, the submissions of the petitioners regarding alleged violations of the right to
humane treatment (Article 5) of the survivors and of the relatives of the alleged victims by virtue of their alleged
suffering because of the impunity surrounding the investigation of the events, could constitute a possible
violation to their detriment of Article 5 of the American Convention, in connection with Article 1(1) thereof.
36.
In addition, the petitioners' allegations regarding the rights of the family (Article 17) that the
actions of the Guatemalan military forces destroyed the fabric of the families that lived in Los Josefinos, could
amount to violations of Article 17 of the Convention, in connection with Article 1(1) thereof, to the detriment
of the inhabitants of Los Josefinos.
37.
The IACHR considers that the claims of the petitioners regarding alleged violation of the right
to property (Article 21) caused by the Army's destruction of the property and belongings of the inhabitants of
Los Josefinos as well as the failure to protect the property of the survivors of the massacre from looting could
tend to characterize possible violations of Article 21 of the American Convention, in connection with Article
1(1) thereof, to the detriment of the inhabitants of Los Josefinos.
38.
The Commission will examine in the merits stage if possible violations exist of the rights to
life, humane treatment, a fair trial, protection of the family, property, and judicial protection in violation of
Articles 4, 5, 8, 17, 21, and 25 of the American Convention, in connection with Article 1(1) thereof . Likewise,
the Commission will examine the alleged facts in the light of Article 19 of the American Convention, specifically
with respect to the special duty of states to provide protection interpreted in accordance with principle of the
best interests of the child and the corpus juris on the rights of children.
39.
In addition, the the petitioners say that they do not know the whereabouts of survivors of the
massacre or their remains because they fled into the bush and several of them died. They also say that the
corpses of the dead found on paths were buried in fields or in common graves. Bearing in mind the
aforementioned submissions, in the merits stage, the IACHR will analyze the possible violations of Articles 3, 4,
5, 7, 8, and 25 of the American Convention in connection with Article 1(1) of that treaty and Article I of the
Inter-American Convention on Forced Disappearance of Persons.
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