15
61.
The petitioners allege a series of violent acts – massacres, rapes, failure to lend
assistance, extrajudicial executions, torture, forced disappearances, illegal detentions, and/or forced labor
– perpetrated from August 24, 1981 to August 17, 1986, planned by the government and Military High
Command in the framework of a state policy of genocide and carried out by the National Army, military
commissioners, judiciales, and PAC against the members of the indigenous communities of Chichupac,
Toloxcoc, Xeabaj, El Apazote, Chijom, and El Tablón, in the municipality of Rabinal. They argue that
those responsible for these crimes have not been identified or punished by the Guatemalan
32
administration of justice. For its part, the State has not controverted the facts alleged by the petitioners.
62.
In this respect, the Commission observes that the facts alleged tend to establish
violations of rights enshrined in the Convention. In that regard, it considers that the allegations on
extrajudicial executions and forced disappearances could tend to establish an alleged violation of Article 4
of the American Convention in relation to Article 1(1) of that instrument, to the detriment of the alleged
victims of those acts. In a similar vein, one observes that the multiplicity of events and situations alleged
in the processing of this petition could tend to establish alleged violations of the rights protected at
Articles 5, 6, 7, 8, 11(1), 12, 13, 16, 17, 21, 22, 24, and 25 of the American Convention, in conjunction
with Article 1(1) of that instrument, to the detriment of the alleged victims. In addition, the allegations
referring to alleged forced disappearances could tend to establish violations of Article I of the Convention
on Forced Disappearance. Moreover, in application of the principle of iura novit curia, the Commission will
analyze whether there is a possible violation of Article 3 of the American Convention to the detriment of
the alleged victims of forced disappearance, and of Article 23 of the Convention to the detriment of the
alleged victims, both articles in relation to Article 1(1) of the same international instrument. Therefore, the
Commission considers that the requirements established at Article 47(b) and (c) of the Convention have
been met.
V.
CONCLUSION
63.
The Commission concludes that it is competent to analyze the merits of the complaint
filed by the petitioners and that the petition is admissible, under Articles 46 and 47 of the Convention, for
the alleged violation of Articles 4, 5, 6, 7, 8, 11(1), 12, 13, 16, 17, 21, 22, 24 and 25 of the American
Convention in relation to Article 1(1) of the same Convention and Article I of the Convention on Forced
Disappearance. Additionally, by applying the principle of iura novit curia the Commission will examine, in
the merits phase, the possible violation of Articles 3 and 23 of the Convention in relation to Article 1(1) of
the same instrument.
64.
The Commission decides to declare this petition inadmissible insofar as it refers to the
alleged violations of Article 15 of the American Convention; Articles I, II, V, VI, VII, VIII, IX, XI, XVIII, XXI,
XXII, XXIV, XXV and XXVI of the American Declaration; Articles II, III, IV, V, VII, VIII, IX, X, XIII, XIV and
XV of the Convention on Forced Disappearance; and Articles 1, 2, 3, 4, 5, 6, 8, 9, 10, 12, and 16 of the
Convention on Torture.
65.
Based on the arguments of fact and of law set forth above, and without prejudging on the
merits of the case,
THE INTER AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
32
The Historical Clarification Commission in its Report called “Memory of Silence”[Guatemala, Memoria del Silencio],
accepted by the State as a product of the Peace Agreements, verified that “on January 8, 1982, in Chichupac, Rabinal Municipality,
Department of Baja Verapaz, members of the Guatemalan Army, assigned to the Rabinal detachment, rural police and military
commissioners rounded up the community in the health center. Later, using a list, they executed 32 people, fourteen of whom have
been identified”. Guatemala Memory of Silence, op. cit. Cases presented, Volume VIII, Attachment II, p.153.