VIII MERITS VIII.1. RIGHTS TO LIFE AND PERSONAL INTEGRITY, IN RELATION TO THE OBLIGATION TO GUARANTEE RIGHTS 124. In this Chapter, the Court will examine the arguments of the Commission and the representatives that the State of Guatemala did not guarantee the rights to life and personal integrity of the presumed victims recognized in Articles 4 217 and 5 218 of the Convention. In this regard, the Commission and the representatives alleged that Mr. A.A. and Mrs. B.A. were human rights defenders at the time of the facts of this case, and that this would have a bearing on the State’s obligation to guarantee these individuals said rights. The State, in turn, disputed all these arguments. Consequently, the Court will first consider the dispute concerning the presumed status of Mr. A.A. and Mrs. B.A. as human rights defenders, in light of its consistent case law regarding the activities carried out by human rights defenders. It will then examine the State’s alleged failure to guarantee the rights to life and personal integrity, respectively, of A.A. and B.A. and their relatives. A) Status of A.A. and B.A. as human rights defenders A.1. Arguments of the Commission and of the parties 125. The Commission argued that Mr. A.A. fitted the profile of a human rights defender because he promoted economic, social or cultural rights, and pursued truth and justice in relation to human rights violations committed during the internal armed conflict. 126. The representatives affirmed that both A.A. and B.A. held the status of human rights defenders. They explained that, prior to his exile, Mr. A.A. “founded a savings cooperative, a trade union, gave literacy classes to more than thirty people and participated in a project to provide decent housing. After his return to the community […] he founded a public school, participated in the preparation of a study on [] low achievement and drop-out rates in schools, a project to build decent housing and promoted paving and sewerage projects in his community. He also worked with the Office of the Human Rights Ombudsman on issues related to children and youth and promoted social auditing processes.” The representatives also emphasized A.A.’s “efforts to preserve the historical memory, including his quest for justice in the forced disappearance of his son.” In relation to B.A., the representatives indicated that upon her return to Guatemala in 1997, she had participated “actively in her community, defending women’s rights, the right to political participation at the community, municipal and national levels, and promoting efforts to protect the environment from the impact of monocultures in the area.” They added that she had fought for “truth and justice in the forced disappearance of her brother […]”. They held that in 2004 B.A. “agree[d] to work with the municipal government as Social Organization Officer, in charge of the municipality’s democratization process through the promotion of community participation. At that time, she also worked as Secretary of the COCODE […in Santa Lucía Cotzumalguapa].” The representatives emphasized that in 2010, “the Office of the Human Rights Ombudsman acknowledged her work in defense of women’s equal rights.” 127. The State argued that both the petitioners and the Commission had tried to portray Mr. A.A. as a human rights defender without offering evidence to confirm this status. It affirmed that “there is no proof that Mr. [A.A.] had actually worked in an institution as a human rights defender […]. The only evidence is that he was actively involved in political activities in his community […].” It also considered that the description of human rights defender “takes advantage of the broad definition given to human rights.” Finally, it argued that Mrs. B.A.’s status as a human rights defender had not been confirmed either. 217 Article 4(1) of the American Convention establishes that: “Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.” 218 Article 5(1) of the American Convention establishes that: “Every person has the right to have his physical, mental and moral integrity respected.” 39