time, military operations were concentrated in Quiché, Huehuetenango, Chimaltenango, Alta
and Baja Verapaz, the southern coast, and Guatemala City. Approximately 91% of the
violations recorded by the Commission for Historical Clarifications happened during those
years. 61
87. The Commission should consider that the internal armed conflict ended with the signing of
the Peace Accords, which opened up the possibility of seeking to clear up the facts of the
violations perpetrated in the context of the conflict. Nonetheless, as has been observed, the
effects in terms of the lack of effectiveness of the domestic remedies extend to the present,
because at the time the petition was filed with the Inter-American Commission, several
criminal proceedings were continuing in the initial stage.
88. The rule of a reasonable time for filing petitions with the inter-American human rights
system must be analyzed in each case, mindful of the activity of the victims’ next-of-kin to
seek justice, the conduct of the state, and the situation and context in which the alleged
violation occurred.
89. Therefore, in view of the context and characteristics of the instant case, as well as the fact
that several investigations and judicial proceedings are still pending, the Commission considers
that the petition was presented within a reasonable time, and that the admissibility
requirement referring to the time for submission has been met.
3.
Duplication of international procedures
90. It does not appear from the record that the petition is pending before any other
international procedure, nor that it reproduces a petition already examined by this or any other
international body. Accordingly, the requirements established at Articles 46(1)(c) and 47(d) of
the Convention have been satisfied.
4.
Characterization of the facts alleged
91. For the purposes of admissibility, the Commission should decide whether the facts alleged
tend to establish a violation of rights, as stipulated in Article 47(b) of the American
Convention, or whether the petition is "manifestly groundless" or "obviously out of order” as
per Article 47(c). The standard of appreciation of those requirements differs from that used to
rule on the merits; the Commission must make a prima facie evaluation to determine whether
the petition lays a foundation for the possible or potential violation of a right guaranteed by the
Convention, but not to establish the existence of a violation of rights. This determination
constitutes a primary analysis, which does not entail prejudging the merits of the case.
92. In the instant petition, the petitioners allege a series of events that they argue were
carried out for the purpose of exterminating the indigenous community of Río Negro. The facts
they invoke include the following:
a) In early 1980, seven representatives of the community had been victims of forced
disappearance.
b) On March 4, 1980, seven members of the community had been extrajudicially
executed in the community of Río Negro.
c) On February 13, 1982, in the community of Xococ, approximately 89 members of the
community of Río Negro had been extrajudicially executed. Prior to the execution, the
children had been tortured and the women raped.
61
IACHR, Admissibility Report No. 7/07, Petition 208-05, Florencio Chitay, Nech et al., Guatemala, February 27, 2007,
para. 55.
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