5
I
INTRODUCTION OF THE CASE AND CAUSE OF ACTION
1.
The case submitted to the Court. On August 5, 2014, the Inter-American Commission of
Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted to
the jurisdiction of the Inter-American Court the case of the Members of the village of Chichupac
and Neighboring communities of the Municipality of Rabinal against the State of Guatemala
(hereinafter “the State” or “Guatemala”) pursuant to Articles 51 and 61 of the American
Convention and Article 35 of the Rules of the Court. The case relates to the alleged massacre
perpetrated in the village Chichupac on January 8, 1982, as well as to alleged extrajudicial
executions, torture, forced disappearances, rapes, failure to render aid and assistance, unlawful
arrests, forced displacement and forced labor “committed to the detriment of the Maya Achí
indigenous people of Chichupac village and neighboring communities […] of the municipality of
Rabinal, during the period between 1981 and 1986.” According to the Commission, these facts
“were not isolated events within Guatemala’s internal armed conflict, but rather part of a State
policy, framed within the so-called national security doctrine and the notion of an ‘enemy within’.
The goal of the policy was to eliminate the supposed social base of the insurgent groups at the
time.” In addition, the case addresses the alleged failure to clarify the facts, punish all those
responsible and provide reparations to the alleged victims, as well as the alleged genocide against
the Maya indigenous people in Guatemala.
2.
Proceeding before the Commission. The following proceedings took place before the
Commission:
a) Petition. On December 13, 2007, the Asociación Bufete Jurídico Popular submitted the initial
petition to the Commission.
b) Admissibility Report. On November 1, 2010, the Commission adopted Admissibility Report
No. 144/10. 1
c) Report on the Merits. On April 2, 2014, the Commission approved Merits Report No. 6/14 2
pursuant to Article 50 of the Convention (hereinafter “the Merits Report”), in which it
reached a series of conclusions and made various recommendations to the State:
Conclusions. The Commission concluded that the Guatemalan State was responsible for the
violation of the rights protected under Articles 3, 4, 5, 7, 8, 11, 12, 16, 17, 19, 21, 22, 23,
24 and 25 of the American Convention, read in conjunction with the obligations established
in Article 1(1) thereof; Article I of the Inter-American Convention on Forced Disappearance
of Persons, and Article 7 of the Inter-American Convention for the Prevention, Punishment
and Eradication of Violence against Women, to the detriment of the alleged victims.
Recommendations. Consequently, the Commission made the following recommendations to
the State:
1.
Make adequate reparations for the individual and collective human rights violations stated in this report taking
into account the material, moral and cultural aspects, including fair reparations, the establishment and
dissemination of the true historic facts, the revival of the memory of the deceased and missing victims, the
implementation of a psychosocial program that pays attention to the particular needs of the survivors and those
of the families of the deceased and missing victims. The collective reparations must be implemented with the
consent of the survivors of Chichupac village and its neighboring communities with the aim of reestablishing their
community life as members of the Maya Achi indigenous people, and in particular, their special bond with their
lands.
1
Cf. Admissibility Report No. 144/10, Case of the Residents of the Village of Chichupac and the Hamlet of Xeabaj,
Municipality of Rabinal v. Guatemala, of November 1, 2010 (evidence file, folios 3087 to 3105).
2
Cf. Merits Report No. 6/14, Case of Residents of the Village of Chichupac and Neighboring Communities, Municipality
of Rabinal v. Guatemala, of April 2, 2014 (merits file, folios 6 to 88).