41 security and justice from the State authorities.165 Also, Encarnacion Chitay Rodriguez has declared that “if […] he returned to San Martin, [they] would be killed” and that “it is very difficult that [they] retur[n] to San Marin […] for the same insecurity.”166 The Court takes note that despite having knowledge of the acts of persecution that were suffered, the corresponding authorities have not carried out an effective criminal investigation about the forced disappearance of Florencio Chitay Nech nor provided the guarantees of security necessary for his next of kin. 149. In this regard, it fits to signal that coinciding with the international community, this Tribunal reaffirms that the obligation of guarantee for the States to protect the rights of displaced persons carries with it not only the duty to adopt measures of prevention, but also to carry out an effective investigation of the supposed violation of those rights167 and to provide the necessary conditions for a dignified and safe return168 to their habitual place of residence or voluntary resettlement in another place in the country. As such, their full participation in the planification and manner in which they should return or be reintegrated, should be guaranteed.169 150. Therefore, if Guatemala has not restricted the freedom of movement and residence of the members of the nuclear family of Florencio Chitay Nech in a formal manner, the Court finds that in this case, said freedom is limited by a grave de facto restriction, that originates with the threats and harassments that have provoked their splitting up, as well as the wellfounded fear generated by all that occurred to their father, other family members, and the members of the community, combined with the lack of an investigation and procedure of those responsible for the facts, which have kept them away from their community. The State has not complied neither with its duty to guarantee this right, nor has it established the conditions or foreseen the means that could permit those members of the Chitay Rodriguez family to return in a safe and dignified manner to their community,170 with respect to which they have an important cultural link. Finally, the State has not granted an integral reparation that restitutes the vulnerable rights and guarantees, among other things, guarantees of non-repetition of such situation. 165 Encarnación Chitay Rodríguez stated that “if […] she returned to San Martin [they] would kill” and that “it is very difficult that they return due to the same insecurity.” Cf. Statement of Encarnacion Chitay Rodríguez, supra note 58. 166 Statement of Encarnación Chitay Rodríguez, supra note 58. Moreover, the represenatives argumed that “since the moment of displacement to date, there exists a founded fear that constitutes an obstance to the possibility of the Chitay family returning to San Martín Jilotepeque given that there exists no clarification regardign the facts of the disappearance of Florencio Chitay Nech”. 167 Cf. Report presented by the General Secretariat on human rights of internally displaced persons, Walter Kalin, supra note 150, para. 69; Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), supra note 150, Article 3(1)g and h), and article 7(4).; Recommendation Rec (2006)6 of the Committee of Ministers to the member States on Internally Displaced Persons supra note 150, para. 5. Moreover, the Rome Statute, supra note 83, criminalizes the forced move of the population, which can constitute crimes against humanity (Article 7(1)(d)) or war crimes (Article 8(2)(a)(vii), b(viii), and e(viii). 168 Cf. Recommendation Rec (2006)6 of the Committee of Ministers to the member States on Internally Displaced Persons, supra note 150 para. 12; AG/RES. 2508 (XXXIX-O/09) “Internally Displaced,” supra note 152. 169 170 Cf. Guiding Principles on Internal Displacement, supra note 150, Principle 28. Cf. Case of the Moiwana Community V. Suriname, supra note 151, para. 120, and Case of the Mapiripan Massacre V. Colombia, supra note 14, para. 170.