and Manuel Chen Sánchez. The State indicated its “full acquiescence,” because both
these persons were the only victims of forced disappearance identified by the InterAmerican Commission;
18.
Nevertheless, the State’s answering brief explicitly opposed its international
responsibility being declared for the following human rights violations:
a)
The violation of Articles 4 (Right to Life), 5 (Right to Humane Treatment), 7
(Right to Personal Liberty) and 19 (Rights of the Child) of the American Convention, in
relation to Article 1(1) thereof (Obligation to Respect Rights), “to the detriment of the
adult and child members of the Río Negro community extrajudicially executed”;
b)
The violation of Articles 5 (Right to Humane Treatment) and 11 (Right to
Privacy) of the American Convention, in relation to Article 1(1) of this treaty, to the
detriment of J.O.S., V.C., M.T. and, additionally, of Article 19 (Rights of the Child) of
the Convention to the detriment of J.O.S., because, according to the Commission’s
Merits Report, the alleged rape to which they were subjected took place before the
date on which it accepted the Court’s contentious jurisdiction;
c)
The violation of Article 11(1) (respect for honor and dignity) of the American
Convention, in relation to Article 1(1) thereof (Obligation to Respect Rights), “because
the said violations could have occurred between 1980 and 1982 when the massacres
were perpetrated, at which time the State had not accepted the Court’s jurisdiction”;
d)
The violation of Article 21 (Right to Property) of the Convention, in relation to
Article 1(1) thereof (Obligation to Respect Rights), because “the alleged facts took
place before the State had accepted the Court’s jurisdiction,” and, as indicated by the
representatives, “the victims were relocated to the Pacux settlement, the site of their
current residence”;
e)
The violation of Article 24 (Right to Equal Protection) of the Convention, in
relation to Article 1(1) thereof (Obligation to Respect Rights), “because the fact that
they belonged to the Achí Maya group was not a factor that prevented them from
being treated equally under Guatemalan law” and, moreover, the representatives “did
not found this violation on factual situations”;
f)
The violation of Article 22 (Freedom of Movement and Residence) of the
American Convention, in relation to Article 1(1) thereof. In this regard, the State
specifically rejected the violation of freedom of movement, because “this phenomenon
could not have continued after March 9, 1987,” the date on which Guatemala
recognized the temporal competence of the Court”;
g)
The violation of Articles 8(1) (judicial guarantees) and 25 (Right to Judicial
Protection) of the American Convention, with regard to Articles 1(1) (Obligation to
Respect Rights) and 2 (Domestic Legal Effects) thereof, because the Inter-American
Commission did not specify to whose detriment the alleged violations were committed;
h)
The violation of Article 18 (Right to a Name) of the American Convention,
because the representatives “did not relate any facts to the possible violation of the
right contained in this provision,” and these supposed violations occurred before the
State accepted the Court’s jurisdiction, and
10