the population, known as massacres or “scorched-earth operations,”39 were concentrated in
the regions of Quiché, Huehuetenango, Chimaltenango, Alta and Baja Verapaz, the southern
coast, and Guatemala City.40 According to the CEH Report, around 626 massacres were
perpetrated with “acts of extreme cruelty” intended to eliminate individuals or groups of
individuals “defined as enemies,” and “to terrorize the population.”41
58.
Based on the said National Security Doctrine, the Guatemalan Army identified the
members of the Mayan indigenous people in the category of “internal enemy,” considering
that they formed or could form part of the guerrillas’ social support network.42 According to
the CEH, the Mayan people were the ethnic group most affected by the human rights
violations committed during the armed conflict,43 suffering forced displacement44 and the
destruction of their communities, homes, livestock, harvests and other elements necessary
for survival. In this regard, “[t]he intentional destruction of homes, farming tools, harvests
and domestic animals, undoubtedly resulted in cold, hunger and disease. The slaughter and
the destruction of property were carried out simultaneously or successively against the
same communities, because both actions formed part of a common pattern of action against
the group.” That is to say, the individuals who had been able to flee to save themselves
from the massacres “did not have anything left to subsist on. Hence, those communities had
two options: a quick death, by machete or bullet, or a very possible slow death, by hunger
or disease.”45
59.
This Court has also established that during the armed conflict women, in particular,
were selected as victims of rape. Thus, during and prior to the said massacres or “scorched
earth operations,” members of the State security forces committed mass or indiscriminate
and public rape, at times accompanied by the death of pregnant women or the induction of
abortions. This practice was intended to destroy a woman's dignity at the cultural, social,
family and individual levels.46 In addition, it should be indicated that, according to the CEH,
when perpetrated against Mayan communities “the mass rapes had a symbolic effect,
Case of the Plan de Sánchez Massacre v. Guatemala, Merits, supra, paras. 42.3 and 42.4 and Case of Chitay Nech
et al. v. Guatemala, supra, para. 65.
39
Cf. Case of the Plan de Sánchez Massacre v. Guatemala, Merits, supra, para. 42.6, and Case of the Dos
Erres Massacre v. Guatemala, supra, para. 73.
40
Cf. Case of the Plan de Sánchez Massacre v. Guatemala, Merits, supra, para. 42.5.
41
Cf. Case of the Plan de Sánchez Massacre v. Guatemala, Merits, supra, para. 42.6; Case of the Dos Erres
Massacre, supra, para. 73, and Report “Guatemala, Memoria del Silencio,” supra, second chapter, volume III,
paras. 3086, 3105, 3128 and 3177.
42
Cf. Case of the Plan de Sánchez Massacre v. Guatemala, Merits, supra, para. 42.7.
43
According to the Report “Guatemala, Memoria del Silencio,” in ethnic terms, “83.3% of the victims of the
human rights violations and acts of violence recorded by [the Commission] belonged to the Mayan ethnic group
[…].” Report “Guatemala, Memoria del Silencio”, second chapter, volume II, para. 1745; also, Case of Tiu Tojín v.
Guatemala, supra, para. 48, and Case of Chitay Nech et al. v. Guatemala, supra, para. 66.
44
Cf. Case of the Plan de Sánchez Massacre v. Guatemala. Merits, supra, para. 42.5; Report “Guatemala,
Memoria del Silencio,” second chapter, volume III, para. 2951. According to the expert opinion provided by
Rosalina Tuyuk during the public hearing, the persons displaced to sites far from their community lost the
possibility of taking part in the community’s activities, rites, spirituality, and learning cycle, and of speaking their
own language, wearing their traditional dress and carrying out their traditional tasks.
45
Report “Guatemala, Memoria del Silencio”, supra, second chapter, volume III, para. 3392.
46
Cf. Case of the Plan de Sánchez Massacre v. Guatemala. Reparations and costs. Judgment of November
19, 2004. Series C No. 116, para. 49.19; Case of the Dos Erres Massacre v. Guatemala, supra, para. 139, and
Report “Guatemala, Memoria del Silencio”, supra, second chapter, volume II, para. 1363.
24