48
170. Consequently, the Court will analyze the existence of this systematic practice
of violations against children, and its relevance in this concrete case. In this regard,
several reports analyzing the internal conflict in Guatemala171 indicate that apart
from the existence of a context of violence in which children were particularly
affected, there was also a pattern of separation of children from their families and
abduction and illegal retention of these children. In many cases this practice included
changing their name and denying them their identity, and in some cases these
abductions and illegal retentions were perpetrated by the same soldiers who
participated in the massacres.172
171.
that:
In this regard, the report by the CEH, Guatemala: Memory of Silence indicated
[a]fter the massacres or scorched earth operations, many children who could already fend
for themselves were taken by the soldiers, commissioned soldiers, or patrol members to
subject them to a servile condition in their houses or those of other families. Some of
these children were subjected to situations of exploitation and systematic abuse […]
According to the testimonies received by the CEH, children had to perform domestic work
or several tasks ordered to them in the houses where they were located. They suffered all
types of physical and psychological mistreatment. These children suffered, along with the
infringement of their right to individual liberty, the breach of all of their human rights,
given that the conditions of servitude to which they were submitted to also affected their
physical and psychological integrity, and kept them in a situation of economic exploitation,
abuse, and permanent fear. Additionally, their right to an identity was breached, as well as
their right to grow within their own family and community. In some cases their names
were changed, and they were denied the origin of their families, or this origin was
stigmatized173.
172. The report Guatemala Never Again of the Project for the Recovery of the
Historical Memory of the Office of Human Rights of the Archdiocese of Guatemala
(hereinafter “REMHI, Guatemala Never Again”) indicated that “[t]here are some
cases of children who were separated from their families or communities, kidnapped
and adopted in a fraudulent manner by those who victimized their families. This
practice has condemned them to live with their families’ assassins.” 174
173. The same report cites declarations by General Héctor Gramajo175 published in
the Guatemalan newspaper “Prensa Libre” on April 6, 1989, according to which, when
he was Secretary of Defense, this practice was frequent at some times, affecting a
171
Cf. CEH, Guatemala: Memory of Silence, supra note 6, Volume V, Conclusions and
Recommendation (Appendixes to the brief of pleadings and arguments, appendix 33, f. 10933) and
Volume III, Book 3, “Violence against Children”, pp. 71 and 72; Office of Human Rights of the Archdiocese
of Guatemala (ODHAG), Guatemala Never Again, Report of the REMHI Project, published in 1998
(Appendixes to the brief of pleadings and motions, appendix 32, Volume 1, fs. 10019 and 10020); ODHAG,
“Hasta Encontrarte: Niñez Desaparecida por el Conflicto Armado Interno en Guatemala” (Until I find you:
Children Disappeared in the Internal Armed Conflict in Guatemala), 2000 (Appendixes to the brief of
pleadings and motions, appendix 36, fs. 10995 to 11156); CIDH, Fifth Report on the Human Rights
Situation in Guatemala, OEA/Ser.L/V/II.111, Chapter XII, “Rights of the Child”. Section C, approved on
April
6,
2001,
para.
27
and
28.
Available
at
http://www.cidh.oas.org/countryrep/Guatemala01sp/indice.htm; CIDH, Justice and Social Inclusion: The
Challenges to Democracy in Guatemala, OEA/Ser.L/V/II.118, Doc. 5 rev. 1, December 29, 2003, para. 377
and 378. Available at http://www.cidh.org/countryrep/Guatemala2003sp/indice.htm, and expert opinion of
Marco Antonio Garavito Fernández rendered on June 8, 2009 before a public notery (file on preliminary
objections, and possible merits, reparations, and costs, Volume IV, f. 604).
172
Cf. Expert opinion of witness Marco Antonio Garavito Fernández, supra note 171, f. 604; ODHAG,
REMHI, Guatemala Never Again, supra note 171, fs. 10019 and 10020; ODHAG, Hasta Encontrarte, supra
note 171, f. 11063).
173
CEH, Guatemala: Memory of Silence, supra note 6, Volume III, Violence against children, p. 71
and 72.
174
175
REMHI, Guatemala Never Again, supra note 171, f. 10020.
General Héctor Gramajo was Secretary of Defense during the Government of Vinicio Cerezo
Arévalo from 1985 to 1990.
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