62 267. Based on the foregoing, the Commission considers that the Guatemalan State is responsible for violation of Article 11 of the American Convention, read in conjunction with Article 1(1) thereof, to the detriment of the villagers of Chichupac and neighboring communities. 268. The Court has emphasized that the right to freedom of conscience and religion means that family members have a right to give the victim’s remains a decent burial.357 The Court has also held that caring for a person’s mortal remains is a way of observing the right to human dignity, since: […] the mortal remains of a person deserve respectful treatment before that person’s next of kin, due to the significance they have for them. Respect for those remains, observed in all cultures, acquires a very special significance in the Mayan culture […] For the Mayan culture […] funeral ceremonies ensure the possibility of the generations of the living, the deceased person, and the deceased ancestors meeting anew. Thus, the cycle between life and death closes with these funeral ceremonies, allowing them to “express their respect for [the victim], have him near and return him or take him to live with the ancestors”, as well as for the new generations to share 358 and learn about his life, something that is traditional in his indigenous culture. 269. Likewise, in cases of forced disappearance, the Court has observed that: […] one of the greatest sources of suffering for the […] community members is that they do not know what has happened to the remains of their loved ones, and, as a result, they cannot honor and bury them 359 in accordance with fundamental norms of [their] culture […]. 270. In the context of the armed conflict in Guatemala, the CEH concluded that: […] thousands of Guatemalans were unable to observe the rites that normally accompany a person’s death and burial, causing a profound pain that persists to this day among the sectors of the population so affected. The climate of fear, the military presence and other circumstances that surrounded the massacres, the flight, and the persecution in the mountains often made burial of the dead impossible. For all the cultures and religions present in Guatemala, it is virtually unthinkable that the dead should not be given a decent burial. It is contrary to everyone’s values and dignity. For the Maya, the rituals of death and burial are important because of the active relationship that unites the living and the dead. The lack of a sacred place where this relationship could be nurtured 360 constitutes a profound concern that emerges from the testimonies of many Maya communities. 271. In the instant case, the Commission has taken as established fact that the victims are Maya indigenous people belonging to the Achí language group. Taking into account the CEH’s observation,361 the IACHR considers that for indigenous peoples, the right to culture and their ethnic 357 I/A Court H.R., Case of Bámaca Velásquez v. Guatemala. Merits. Judgment of November 25, 2000. Series C No. 70, par.230. 358 I/A Court H.R., Case of Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002. Series C No. 91, par.81. 359 I/A Court H.R., Case of the Moiwana Community v. Suriname. Preliminary Objections, Merits, Reparations and Costs. Judgment of June 15, 2005. Series C No. 124, par.100. 360 361 Annex 1. CEH, Memory of Silence, Volume V, Conclusions and Recommendations, par. 53. On the subject of indigenous culture and identity, the CEH wrote that their preservation meant ensuring the cultivation of the characteristics that distinguish an indigenous people, such as their language, religion, way of life and symbols. Annex 3. CEH, Memory of Silence, Volume III, The Human Rights Violations and Acts of Violence, par.2872.