issues of justice and truth, supporters, trade unionists and journalists who cover issues
of corruption.” 77
e) In his report on the Mission to Guatemala in 2006, 78 the United Nations Special
Rapporteur on Extra-Legal, Summary and Arbitrary executions, Philip Alston, described
the situation of human rights defenders as “indicative of the broader human rights
problems in the country.” He reported that death threats and assassinations of human
rights defenders were “alarmingly common”; the defenders most frequently murdered
were those who promoted economic, social or cultural rights and those seeking “truth
and justice for human rights violations committed during the internal armed conflict.”
He added that few attacks were investigated and even fewer resulted in convictions,
leading to an increase in killings “in large part due to the failure to investigate and
punish those responsible.” 79
77.
However, in its arguments, the State alleged that the sources used to demonstrate
the context of attacks against human rights defenders lacked objectivity and impartiality,
having been prepared by the representatives. In this regard, the Court notes that the
author of the 2003 Report of the Human Rights Defenders Protection Unit of the National
Movement for Human Rights and the Coalition for CICIACS (supra para. 76(d)) is Claudia
Samayoa, the representative in this case. Nevertheless, according to the expert Hina
Jilani, the aforementioned National Movement for Human Rights is comprised of “the main
human rights organizations” in Guatemala 80, and the Coalition for the CICIACS includes
the following organizations: the Center for Legal Action on Human Rights; the
International Center for Investigations on Human Rights; the Mutual Support Group
(GAM); the Myrna Mack Foundation; the Rigoberta Menchú Tum Foundation; the Institute
for Comparative Studies in Criminal Sciences of Guatemala; the Human Rights Office of
the Archbishop of Guatemala, and Seguridad en Democracia (SEDEM). 81 Consequently,
both the 2003 report and the report issued by these organizations in 2004, have the
support of a broad sector of Guatemalan civil society. Furthermore, other pieces of
evidence in the file concerning the background to this case were issued by international
organizations. The Court also notes that the State did not submit evidence contesting the
credibility of those documents or supporting its assertion that the attacks on human rights
defenders had ceased prior to the events of this case. Therefore, the Court considers that
the State’s arguments are unfounded.
78.
In view of the foregoing, the Inter-American Court concludes the following: that
after the signing of the peace accords, which sought to end the internal armed conflict in
Guatemala, human rights defenders in that country continued to face a context of threats
and attacks on their lives and personal integrity, among other rights; that this created a
particular situation of vulnerability for those working to protect and promote economic,
cultural and social rights, and those seeking truth and justice for human rights violations
committed during the conflict; that the main perpetrators of those threats and attacks
were clandestine groups and the State’s own security forces; and that the impunity arising
from the failure to investigate and punish those responsible propitiated their continuity
and increase during the period mentioned.
77
Cf. “And the terror continues. Analysis of attacks in against of Human Rights Defenders during 2004”.
Protection Unit for Human Rights Defenders of the National Movement for Human Rights (File of attachments to
pleadings and motions brief, page 2487).
78
Cf. Report of the Special Rapporteur, Philip Alston, on extrajudicial, summary or arbitrary executions. Civil
and political rights, in particular matters related to disappearances and summary executions. Mission to Guatemala,
August
21
to
25,
2006.
A/HRC/4/20/Add.2,
February
19,
2007,
para.
35.
Available
at:
http://www.acnur.org/biblioteca/pdf/5017.pdf?view=1.
79
In this regard, he mentioned that: “[a] large number of killings [were] preceded by death threats or acts of
intimidation that [were] not investigated.” Cf. United Nations Human Rights Council. Report of the Special
Rapporteur, Philip Alston, on extrajudicial, summary or arbitrary executions. Civil and political rights, in particular
matters related to disappearances and summary executions. Mission to Guatemala, August 21-25 2006.
A/HRC/4/20/Add.2,
February
19,
2007,
para.
36.
Available
at:
http://www.acnur.org/biblioteca/pdf/5017.pdf?view=1
80
Cf. Report presented by Ms. Hina Jilani, pursuant to Resolution 2000/61 of the Commission on Human
Rights. Addendum, Mission to Guatemala. E/CN.4/2003/104/Add.2 (Merits file, page 806).
81
Cf. “The face of terror. Analysis of attacks against Human Rights Defenders from 2000 to 2003.” Defenders
Unit – National Movement for Human Rights and Coalition for CICIACS (File of attachments to pleadings and motions
brief, page 2476).
24