19 of the American Convention. In addition, as regards the allegations of impairments of their
rights suffered by the survivors of the massacres who were children at the time of the facts,
the Commission observes that they tend to establish a violation of Article 18 of the American
Convention.
97. In addition, as regards the allegations that they were identified as subversive enemies
based on their belonging to the Maya-Achí and the effects of the acts of violence on family and
community life, including the exercise of their spiritual rights and ancestral traditions, the
Commission observes that they tend to establish a violation of Articles 11, 12, 17, and 24 of
the American Convention.
98. As regards the allegations of the impediments to the investigation, prosecution, and
punishment of all those responsible for the facts alleged, the Commission observes that they
tend to establish a violation of Articles 8 and 25 of the American Convention.
99. In this context, and mindful of the petitioners’ arguments and the documents produced by
the parties, the Commission considers that the facts alleged by the petitioners tend to
establish violations of the rights protected in Articles 3, 4, 5, 6, 8, 11(1), 12, 17, 18, 19, 24
and 25, in relation to Article 1(1), provided for in the American Convention, to the detriment of
the Indigenous Community of Río Negro and its members.
100. In addition, the Commission observes that the facts narrated could tend to establish a
violation of: (a) Article 16 considering that for years the members of the Maya-Achí indigenous
community of the Community of Río Negro had not been able to organize in keeping with their
own systems of social organization; (b) Article 21, in relation to the loss of the property, for
example, dwellings, personal belongings, animals, and crops, of the members of the
Community of Río Negro in relation to their de facto exclusion from their traditional territories,
and as a result of the acts of violence of which they were allegedly victims, and; (c) Article 22,
in relation to alleged limitations imposed on the members of the Community in terms of the
survivors’ right to freedom of movement and return.
101. The Commission considers that the facts alleged tend to establish a violation of the
commitments assumed by the Guatemalan State in relation to Article I of the Inter-American
Convention on Forced Disappearance of Persons, in connection with the allegations of the
disappearance of seven leaders of the community of Río Negro in 1980, of 48 persons from the
village of Los Encuentros in May 1982, and with respect to the alleged victims whose remains
have not been recovered or identified to this day.
102. The IACHR considers that the facts described do not include sufficient grounds to tend to
establish a violation of the right to nationality, protected by Article 20 of the American
Convention, or with respect to Article 27 of the same instrument.
103. In view of the foregoing, the Commission will analyze, in the merits stage, whether there
is a possible violation of Articles 3, 4, 5, 6, 8, 11(1), 12, 17, 18, 19, 24, and 25, in relation to
Article 1(1), of the American Convention, to the detriment of the Indigenous Community of Río
Negro and its members. In addition, in application of the principle of iura novit curia, the
Commission will analyze whether there is a possible violation of Articles 2, 16, 21, and 22 of
the Convention, and for the alleged violation of Article I of the Inter-American Convention on
Forced Disappearance of Persons, all in relation to Article 1(1) of the American Convention.
104. Accordingly, the Commission considers the requirements at Article 47(c) of the American
Convention to be satisfied.
V.
CONCLUSION
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