32.
Finally, the Court notes that both the State and the representatives submitted some
considerations on the annexes to the other party’s final written arguments that do not refer to
their admissibility, but rather to their probative value. The Court will take these considerations
into account in its assessment of the evidence.
B.
Admissibility of the testimonial and expert evidence
33.
This Court deems it pertinent to admit the statements made by affidavit 26 and at the
public hearing 27 insofar as they are in keeping with the purpose defined by the President in the
order that required them and with the purpose of this case.
VI
FACTS
34.
In this chapter, the Court will establish the facts of the case based on the factual
framework contained in the Merits Report of the Inter-American Commission, the arguments
presented by the parties and the body of evidence, as follows: A) the situation of the indigenous
communities in Guatemala and the media system; B) the relevant regulatory framework; and
C) the raids carried out at Radio Ixchel and Uqul Tinamit “La Voz del Pueblo”.
A.
The situation of the indigenous communities in Guatemala and the media
system
35.
Guatemala is a country in which a variety of peoples coexist, including the Maya
indigenous people, the Xinka indigenous people and the Garífuna indigenous people. According
to the 2018 population census, 43.6% of Guatemala’s population self-identifies as
indigenous. 28 However, according to estimates provided by the Maya, Garífuna and Xinka
communities themselves, indigenous peoples represent 65% of the population. 29
36.
In addition, approximately 80% of Guatemala’s indigenous population is considered
poor, and the rate of extreme poverty among the indigenous population is three times higher
than that of the non-indigenous population. 30 Approximately 70% of the indigenous population
26
The Court received the statements, rendered by affidavit, of the following persons: Ana Margarita Chen Xol,
affidavit rendered on May 17, 2021 (evidence file, folios 1508 to 1512); Antonio Pérez Felipe, affidavit rendered on
May 14, 2021(evidence file, folios 1513 to 1517); Olga Mercedes Ajcalon, affidavit rendered on May 20, 2021 (evidence
file, folios 1518 to 1525); Raúl Tacaj Xol, affidavit rendered on May 15, 2021 (evidence file, folios 1526 to 1532);
Alfredo Rax Coc, affidavit rendered on May 28, 2021 (evidence file, folios 1552 to 1559); Robin Macloni Sicajan,
affidavit rendered on May 28, 2021 (evidence file, folios 1533 to 1538); Rosa Conception Ajanel Ajpacajá, affidavit
rendered on May 25, 2021 (evidence file, folios 1539 to 1544); Alfredo Baltazar Pedro, affidavit rendered on May 14,
2021(evidence file, folios 1501 to 1507); lrma Alicia Velásquez Nimatuj, affidavit rendered on May 20, 2021 (evidence
file, folios 1560 to 1571); Víctor Manuel Ángel Vásquez, affidavit rendered on May 20, 2021 (evidence file, folios 1545
to 1551); Lorie Graham, expert opinion rendered by affidavit on May 27, 2021 (evidence file, folios 1441 to 1484),
and Rudy Estuardo Santos, statement requested by the Court as ex officio evidentiary procedures, rendered by affidavit
on May 31, 2021 (evidence file, folios 1485 to 1500).
27
The Court received the statements provided during the public hearing held in this case by Anselmo Xunic, María
Pedro of Pedro, Rosendo Pablo, José Francisco Calí Tzay and Adriana Sofía Labardini Inzunza.
28
Cf. National Institute of Statistics of Guatemala. XII National Population Census and VII Housing Census of
2018. Available at: https://www.ine.gob.gt/ine/poblacion-menu/.
29
Cf. Written version of the expert opinion presented before the Court by Adriana Sofía Labardini Inzunza of
June 3, 2021 (evidence file, folio 1578).
30
Cf. National Institute of Statistics of Guatemala. National Survey of Living Conditions (ENCOVI). 2014.
Available at: https://www.ine.gob.gt/sistema/uploads/2015/12/11/vjnvdb4izswoj0ztuivpicaaxet8lzqz.pdf; OAS, InterAmerican Commission of Human Rights. Report on the situation of the Human Rights in Guatemala. OAS/Ser.L/V/II.
Doc. 208/17, December 31, 2017, para. 4. Available at: http://www.oas.org/eng/iachr /reports/pdfs/Guatemala2017eng.pdf; written version of the expert opinion submitted to the Court by Adriana Sofía Labardini Inzunza (merits file,
folios 1578 and 1579), supra; amicus curiae brief presented by researchers of the International Human Rights
-11-