64
172.
Article 1(1) of the Convention provides that
[t]he States Parties to this Convention undertake to respect the rights and freedoms
recognized herein and to ensure to all persons subject to their jurisdiction the free and full
exercise of those rights and freedoms, without any discrimination for reasons of race,
color, sex, language, religion, political or other opinion, national or social origin, economic
status, birth, or any other social condition.
173. The Court notes that there existed and still exists in Guatemala the situation of
impunity with regard to the acts of the instant case, impunity meaning the total lack of
investigation, prosecution, capture, trial and conviction of those responsible for
violations of the rights protected by the American Convention, in view of the fact that
the State has the obligation to use all the legal means at its disposal to combat that
situation, since impunity fosters chronic recidivism of human rights violations, and
total defenselessness of victims and their relatives.
174. On the basis of Article 1(1) of the American Convention, the Court considers
that Guatemala is obliged to organize the public authorities to guarantee persons
subject to its jurisdiction the free and full exercise of human rights, as also enshrined
in the Political Constitution in force (Title I, single chapter). The foregoing applies
whether those responsible for the violations of those rights are members of the public
authorities, private individuals, or groups.
175. The violations of the right to personal liberty and safety, to life, to physical,
psychological and moral integrity and to the judicial guarantees established, are
attributable to Guatemala, which has the duty to respect and ensure those rights.
Guatemala is therefore responsible for failure to abide by Article 1(1) of the
Convention, in connection with the declared violations of Articles 4, 5, 7, 8 and 25
thereof.
XVII
ARTICLE 63(1)
176.
Article 63(1) of the American Convention provides that
[i]f the court finds that there has been a violation of a right or freedom protected by this
Convention, the Court shall rule that the injured party be ensured the enjoyment of his
right or freedom that was violated. It shall also rule, if appropriate, that the consequences
of the measure or situation that constituted the breach of such right or freedom be
remedied and that fair compensation be paid to the injured party.
177.
In the brief containing its application the Commission requested that the Court
[r]equire Guatemala to identify, try and punish those responsible for the violations in
question in order to combat the perpetrators’ flagrant impunity which undermines and
erodes respect for the law [, that it r]equire Guatemala to compensate the victims for the
aforementioned violations, pursuant to Article 63(1) of the Convention [and] require
Guatemala to pay the costs and expenses incurred by the victims and their families in
processing this case before the Inter-American Commission and the Inter-American Court,
as well as reasonable fees of their attorneys ...
178. In the light of the foregoing, the Court considers that Guatemala must order a
genuine and effective investigation to identify and, as appropriate, punish the persons
responsible for the human rights violations in question.
179. Given the nature of the instant case, the Court cannot rule that enjoyment of
the rights or freedoms violated be restored to the injured parties. On the contrary, it
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