reality, it made no major effort; there were no campaigns, nothing similar to efforts that have been
made with the refugees in Mexico; this was never done” and that those efforts began, above all, in
the 1990s.132
82. That said, the Court notes that the victims fled from the village at the time of the massacre;
that is, before Guatemala had accepted the Court’s temporal jurisdiction. The Court also notes that
some victims did return to the village several months after the events,133 and this also occurred prior
to the Court’s jurisdiction ratione temporis. This is particularly relevant for the analysis of these
specific alleged violations because the Court, as indicated above, has temporal jurisdiction over the
violations that continued or took place after March 9, 1987, the date on which Guatemala accepted
its contentious jurisdiction. Therefore, the Court must determine which of the victims remained
unable to return to Los Josefinos and, consequently, in a situation of forced displacement after that
date. Based on the arguments of the Commission and of the representatives, as well as the evidence
in the case file before the Court, this Court notes that it has been proved that at least 7 people,
together with their family units, were unable to return to Los Josefinos prior to March 9, 1987. Thus,
María Fidelia Quevedo confirmed this when she recounted how, following the massacre, she fled with
her children134 and ended by displacing to the department of Guatemala, where she still lives. 135
Similarly, Antonio Ajanel Ortiz mentioned that he remained in Mexico for 18 years and, even though
he returned to Guatemala in 2000 following the signature of the Peace Accords, he has never returned
to live in Los Josefinos.136 He underlined that he returned in 2000 because an acquaintance told him
that “things are quieter now.”137 Also, the victims, Alba Maritza López Mejía,138 Elidea Hernández
Rodríguez,139 Sotero Chávez,140 Juana Leonidas García Castellanos141 and Zoila Reyes Pineda 142
testified that neither they nor their family members had returned to the village and they continue to
live away from it today.
83. Based on the above, the Court concludes that, at March 9, 1987, the Guatemalan State
continued to be in non-compliance with its obligation to create the conditions for the return or
voluntary resettlement of those forcibly displaced from Los Josefinos, and this obliged them to
continue living in another part of the country or abroad. Consequently, in light of the evidence
provided to this Court, it concludes that the State is responsible for the violation of the right to
freedom of movement and residence protected by Article 22 of the American Convention, in
conjunction with failure to comply with the obligations contained in Article 1(1) of this instrument,
to the detriment of María Fidelia Quevedo, Antonio Ajanel Ortiz, Alba Maritza López Mejía, Elidea
Hernández Rodríguez, Sotero Chávez, Juana Leonidas García Castellanos, Zoila Reyes Pineda and
132
Cf. Expert opinion provided to the Court by Paula Worby during the public hearing held in this case.
Cf. Statement of Alejandra Serech de López on June 30, 2007 (evidence file, folios 6890 and ff.). See also, Pleadings
and motions brief (merits file, folio 234).
133
According to the list provided by the Commission and the representatives, Mrs. Quevedo Bolaños had 4 daughters
and 1 son, namely: Lilian Judith Pérez Quevedo, Sandra Margarita Pérez Quevedo, Rosa Lina Pérez Quevedo, Marta Leonor
Pérez Quevedo and Arturo Filadelfo Pérez Quevedo.
134
Cf. Witness statement by María Fidelia Quevedo Bolaños of February 4, 2020 (evidence file, folio 23034), and Witness
statement by Arturo Filadelfo Pérez Quevedo of February 4, 2020 (evidence file, folio 23029).
135
136
Cf. Notarized statement of Antonio Ajanel Ortiz of January 22, 2021 (evidence file, folio 23893).
137
Cf. Notarized statement of Antonio Ajanel Ortiz of January 22, 2021 (evidence file, folio 23894).
138
Cf. Witness statement by Alba Maritza López Mejía of February 4, 2020 (evidence file, folio 23035).
139
Cf. Notarized statement of Elidea Hernández Rodríguez of January 22, 2021 (evidence file, folio 23920).
140
Cf. Notarized statement of Sotero Chávez of January 22, 2021 (evidence file, folio 23907).
141
Cf. Notarized statement of Juana Leónidas García Castellanos of January 22, 2021 (evidence file, folio 23912).
142
Cf. Notarized statement of Zoila Reyes Pineda of January 22, 2021 (evidence file, folio 23914).
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