44
149. The Court considers that in a democratic society the truth on grave human
rights violations must be known. This is a fair expectation that the State must
satisfy159, on the one hand, through the obligation to investigate the human rights
violations, and on the other hand, through the public disclosure of the results of the
criminal and investigation processes160. This requires the State to procedurally
determine the patterns of joint action and of all of the people who in some manner
participated in said violations, and their corresponding responsibility161, as well as to
redress the victims of the case.
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150. The representatives claimed that the “impunity and lack of complete and true
information of that occurred in the massacre” has caused the State’s violation of the
right to the truth of the victims in the instant case, contained in Articles 1(1), 8(1),
13 and 25 of the American Convention. The Commission and the State did not
comment on this issue.
151. In this regard, the Court has considered that within the framework of Articles
1(1), 8 and 25 of the Convention, the victims or their next of kin have the right, and
the States the obligation, to have the facts effectively investigated by the State
authorities, and to know the results of the investigation. The Court calls to mind that
the right to know the truth is included in the rights of the victim or their next of kin
to obtain from the competent organs of the State an elucidation on the facts of the
violation and corresponding responsibilities, through the investigation and
prosecution enshrined in Articles 8 and 25 of the Convention162. Therefore, in this
case the Court will not adjudge on the representatives’ claim of the alleged violation
of Article 13 of the American Convention.
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*
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152. Based on the foregoing, the Court verifies that the Las Dos Erres Massacre
was part of a systematic context of massive human rights violations in Guatemala,
in which multiple massacres occurred. Given the magnitude of the massacre, as well
as the generalized context of violence exerted by the State, it is evident that the
State must seriously investigate all of the allegedly responsible parties, including the
participation by high officials and State employees, as well as locating and
identifying those deceased. The actions of the State’s judges and the authorities’
lack of willingness and interest have prevented the victims’ access to justice,
converting the judicial apparatus into a system indifferent to impunity.
159
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra note 30, para. 181; Case of Kawas
Fernández v. Honduras, supra note 21, para. 190, and Case of Anzualdo Castro v. Peru, supra note 28,
para. 119.
160
Cf. Case of Las Palmeras v. Colombia. Reparations and Costs. Judgment of November 26, 2002.
Series C No. 96, para. 67; Case of Kawas Fernández v. Honduras, supra note 21, para. 194, and Case of
Anzualdo Castro v. Peru, supra note 28, para. 119.
161
Cf. Case of the Rochela Massacre v. Colombia, supra note 34, para. 195; Case of Valle Jaramillo
et al. v. Colombia, supra note 21, para. 102, and Case of Anzualdo Castro v. Peru, supra note 28, para.
119.
162
Cf. Case of Gómez Palomino v. Peru. Merits, Reparations and Costs. Judgment of November 22,
2005. Series C No 136, para. 78; Case of Almonacid Arellano et al. v. Chile. Preliminary Objections, Merits,
Reparations and Costs. Judgment of September 26, 2006. Series C No. 154, para. 148, and Case of the
Rochela Massacre, supra note 34, para. 147.
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