86
283. The representatives asked the Court to order the State to conduct the necessary and
thorough investigations into the facts under examination, based on logical lines of investigation
and the criteria established in the Court’s jurisprudence in relation to serious human rights
violations, including forced disappearances, extrajudicial executions and torture. At the public
hearing they requested, in particular, the “prosecution” of the crimes of forced disappearance and
alleged torture, rape, genocide, crimes against humanity and war crimes.
284. The State pointed out that at no time has it refused to continue with the investigation of
the facts. It argued that this should be understood in light of the fact that the Army and the
guerrillas agreed that there would be no criminal prosecution for either of the two sides involved,
for the acts committed during the internal armed conflict, with the aim of achieving the signing
of peace in Guatemala in 1996. According to the State, the Public Prosecutor’s Office continues
to investigate the facts, but if it is determined that any of these fall within the assumptions
contemplated in the National Reconciliation Law, the members of the guerrilla or the Army could
not be criminally prosecuted. It also welcomed the recommendations made, stressing that these
could serve to guide the judges in the interpretation and application of the law, but clarified that
it should not disregard the application and enforcement of national laws, which contain
considerations related to procedural guarantees and causes for extinction of criminal liability, the
modification or repeal of which corresponds exclusively to the Congress of the Republic of
Guatemala. Finally, the State insisted that it has administrative, disciplinary and criminal
measures for the investigation and punishment of public employees and civil servants in the
performance of their duties; however, it added that it “cannot subject any employee or official to
disciplinary measures in the absence of a direct and concrete accusation.”
285. The Court appreciates the State’s willingness to proceed with the criminal investigations in
the instant case. However, taking into account the conclusions set forth in Chapter IX.III of this
judgment, the Court orders the State to remove all obstacles, de facto and of jure, that maintain
impunity in this case, and to initiate, continue, promote, and/or reopen the investigations that
are necessary to identify, prosecute and, if appropriate, punish those responsible for the human
rights violations perpetrated in this case. The State must expedite, reopen, direct, continue and
conclude, within a reasonable time, the pertinent investigations and proceedings to establish the
truth of the facts, bearing in mind that between 30 and 35 years have elapsed since these events
took place. In particular, the State must ensure that the following criteria are observed:
a) considering the serious nature of the facts, the State may not apply amnesty laws or
statutes of limitations, or use supposed exemptions from responsibility, which in reality
are a pretext to impede the investigation;
b) it must effectively investigate ex officio all the facts of this case taking into account the
systematic pattern of serious and massive human rights violations that took place at the
time of the events. In particular, it must fully investigate the alleged crimes of forced
disappearance and forced displacement, torture, extrajudicial executions, rape and
forced labor, as well as reports of crimes against humanity, war crimes and/or genocide;
c) it must determine the identity of the alleged perpetrators and masterminds of the acts.
Due diligence in the investigation implies that all State authorities are obliged to
collaborate in the collection of evidence, and therefore must provide the judge hearing
the case with all the information required and refrain from acts that obstruct the
investigative process, and
d) it must ensure that the different organs of the justice system involved in the case have
the human, material, technical and scientific resources necessary to carry out their tasks
in an adequate, independent and impartial manner, and that the persons participating