21 proceedings regarding the instant case, which have prevented the victims’ access to justice, to subsequently analyze the content of the rights violated. 1. Context of the case, background of the Massacre, and Internal Proceeding A) Context of the Case 70. Between 1962 and 1996 there was an internal armed conflict in Guatemala, which resulted in great human, material, institutional, and moral costs. The CEH estimated that “the number of dead and disappeared in the internal armed conflict reached over two hundred thousand people.”47 71. During the internal armed conflict the State applied the “National Security Doctrine”48. Within the framework of this doctrine, military intervention increased to address subversion, a concept which included any person or organization who represented any type of opposition to the State, which was equated to the idea of the “internal enemy.” The CEH concluded that, in the application of the National Security Doctrine, 91% of the violations recorded occurred between 1978-1983, during the dictatorships of generals Romero Lucas García (1978-1982) and Efraín Ríos Montt (1982-1983). 72. On March 23, 1982, as a result of a coup d’etat, a Military Junta was installed, presided over by José Efraín Ríos Montt, and comprised of Horacio Egberto Maldonado Schaad and Francisco Luís Gordillo Martínez. On June 8, 1982, José Efraín Ríos Montt assumed the positions of President of the Republic and General Commander of the Armed Forces, and continued to be President until August 31, 1983. In April 1982 the military junta dictated the “National Security and Development Plan,” which established national goals in military, administrative, legal, social, economic, and political terms. This plan identified the main areas of the conflict. 73. These military acts, performed “with the knowledge of or by order of the highest authorities of the State,” consisted mainly of killings of defenseless population, known as massacres and “scorched earth operations.” According to the CEH Report, approximately 626 massacres were committed through “acts of cruelty” aimed at eliminating persons or groups of persons “defined as the enemy” and intended to “provoke terror among the population.”49 74. Among the actions committed by State agents is the massacre of the “Las Dos Erres” community, which occurred between December 6 and 8, 1982. The “Las Dos Erres” community, in La Libertad, Petén, was founded in 1978 during a heavy migration of peasants looking for land, and as an effect of the colonization promoted by the government agency “Fomento y Desarrollo de Petén” (FYDEP). The founders of the community were Federico Aquino Ruano and Marco Reyes, who called it “Las Dos Erres” (“the two ‘R’s”) for the initials of their last names. Between 1979 and 1980 people came to Las Dos Erres from eastern and southern Guatemala. In December 1982 there were approximately 300 to 350 inhabitants. 47 Cf. CEH, Guatemala: Memory of Silence, Chapter II: Volume 2, supra note 6, para. 86. 48 Cf. CEH, Guatemala: Memory of Silence, supra note 6, Chapter I, “Immediate Background,” para. 120. 49 Cf. CEH, Guatemala: Memory of Silence, supra note 6, Conclusions, para. 86, 105 and 114 (Appendix to the brief of pleadings and motions, Appendix 33, fs. 10945, 10949 and 10951).

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