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).