20
and has emphasized that its purpose is not to obstruct the progress of the proceedings with
formalisms but, on the contrary, to bring the definition given in the judgment closer to the
demand for justice. Thus, the Court has applied Article 35(2) in massive or collective cases where
there are difficulties in identifying or contacting all the alleged victims, for example, due to armed
conflict, displacement or the burning or destruction of the bodies of the alleged victims, or in
cases in which entire families have been disappeared, so that there would be no one who could
speak for them. The Court has also taken into account the difficulty of accessing the area where
the events occurred, the lack of records regarding the inhabitants of the place and the passage
of time, as well as the particular characteristics of the alleged victims in the case, for example,
when they have formed family clans with similar names and surnames, or in the case of migrants.
It has also considered the conduct of the State, for example, when it is alleged that the failure
to investigate contributed to the incomplete identification of the alleged victims.
65. The instant case is of a collective nature, is framed within the context of Guatemala’s armed
conflict and involves, in principle, approximately 477 alleged victims listed in the “Single Annex”
to the Merits Report. Moreover, this case involves alleged arbitrary detentions, multiple
extrajudicial executions, forced disappearances, rape and other forms of sexual violence, torture,
the burning of houses and property, and the displacement and persecution of the inhabitants of
Chichupac village and neighboring communities, as well as a lack of access to justice, all this in
an alleged context of serious and massive human rights violations, in which the Maya people
have been particularly affected. For some families, this displacement continues to this day. In
addition, the facts of this case took place between 28 and 33 years prior to the presentation of
the Merits Report to this Court on August 5, 2014. In this context, the Court finds it reasonable
that it would have been difficult to identify all the alleged victims in the case. On the other hand,
the State did not object in particular to the status of alleged victim of any of the persons
individualized by the representatives in the pleadings and motions brief, or in the briefs of June
26, 2015 and May 30 and June 2, 2016, alleging only and in a generic manner, that the
identification of said persons was time-barred. Therefore, in accordance with Article 35(2) of the
Rules of Procedure, this Court will consider as alleged victims those persons identified and
individualized by the Commission in the Merits Report, as well as by the representatives in the
“General List of Victims” and in the list of “individualized and displaced persons,” submitted on
June 2, 2016, since, according to them, said lists “show and encompass the largest number of
victims in this case.” This, provided that the Court has the necessary evidence to verify the
identity of each of those persons, who are identified in Annexes I and II of this judgment.
VII
EVIDENCE
A.
Documentary, testimonial and expert evidence
66. This Court received various documents presented as evidence by the Commission and the
parties, attached to their main briefs (supra paras. 1, 4 and 5). Likewise, the Court received
from the representatives certain documents requested as helpful evidence, in accordance with
Article 58 of the Rules of Procedure (supra para. 10). In addition, the Court received the
Cacarica River Basin (Operation Genesis) v. Colombia, paras. 33 to 36, and Case of the Peasant Community of Santa
Bárbara v. Peru, paras. 54 to 57. Likewise, it has rejected their application in the following cases: Barbani Duarte et al.
v. Uruguay. Merits, reparations and costs. Judgment of October 13, 2011. Series C No. 234, para. 43; Case of the
Human Rights Defender et al. v. Guatemala. Preliminary objections, merits, reparations and costs. Judgment of August
28, 2014. Series C No. 283, para. 47; Case of García and Family v. Guatemala. Merits, reparations and costs. Judgment
of November 29, 2012. Series C No. 258, paras. 34 to 37; Case of Suárez Peralta v. Ecuador. Preliminary objections,
merits, reparations and costs. Judgment of May 21, 2013. Series C No. 261, paras. 26 a 28; Case of J. v. Peru. Preliminary
objection, merits, reparations and costs. Judgment of November 27, 2013. Series C No. 275, paras. 23 to 25; Case of
Rochac Hernández et al. v. El Salvador. Merits, reparations and costs. Judgment of October 14, 2014. Series C No. 285,
para. 34, and Case of Argüelles et al. v. Argentina. Preliminary objections, merits, reparations and costs. Judgment of
November 20, 2014. Series C No. 288, para. 236.