massacres that terrorized the population and left the people ... without their homes and without the essential means for their subsistence, as well as because of the lack of State protection suffered by the civilian population in the areas associated with the guerrilla that placed them in a situation of vulnerability in the presence of military operations.”192 84. In the instant case, the Commission has taken it as proven that the residents of Los Josefinos were forced to abandon their village and seek refuge, first in the bush, and later elsewhere in the country or abroad. The foregoing occurred as a result of a scorched-earth operation carried out in Los Josefinos and unfolded in a context of fear and insecurity as a result of the State's persecution of the survivors. The displaced survivors of Los Josefinos were unable to return to their homes and lived for several months, or in some cases years, struggling to survive amid threats and persecution, hunger, and a lack of access to basic services. 85. Based on the foregoing, the Commission concludes that the State of Guatemala violated the right to freedom of circulation and residence enshrined in Article 22 (1) of the American Convention, in conjunction with the obligations set forth in Article 1 (1) thereof, to the detriment of the survivors of the village of Los Josefinos who were forcibly displaced and are individually identified in the Consolidated Annex on victims to this report on merits. 3. Right to humane treatment, right to family life and privacy,193 right to property,194 and rights of the child 86. The Commission highlights the findings of the CEH in the sense that, in the context of the armed conflict in Guatemala, in most cases “the massacres involved pillaging of the victims’ possessions and the destruction of their homes, crops, animals, cooking utensils, grinding stones, clothing, and anything they had for their material survival, all part of the so-called scorched-earth operations.”195 The CEH also noted that: a considerable percentage of massacres recorded by the CEH had other features suggesting that the purpose was to eliminate the communities’ basic means of subsistence, cause the communities to break up or destroy them altogether, and to dismantle their organizations and other mechanisms of collective endeavor. The most important elements in this respect were: the physical destruction of the communities, the homes, crops and animals, places of prayer, schools, communal meeting rooms, and other community buildings; the desecration of the churches by using them as places for torture and execution; destruction of material elements like corn and grinding stones, which carry strong symbolism for the culture.196 87. Indeed, as noted above, one of the direct consequences of scorched-earth operations like the one carried out in Los Josefinos was the forced displacement of the survivors from the villages concerned. In that regard, the Court has expressly stated that, "since they lost their homes and their possessions, the persons whose houses were destroyed and who were forced to displace endured particularly severe suffering that merits further attention.”197 Indeed, those who lose all their possessions in circumstances of extreme violence and are forced to displace, not only suffer violation of their right to property, as we shall see below, but also, as the Court has emphatically stated, a violation of their right to humane treatment, on account of the fact that they “lost their homes and were therefore forced to displace.”198 I/A Court H.R., El Mozote Massacres Judgment, par. 183. The pertinent portions of Article 11 of the American Convention provide: “Article 11. Right to Privacy. [...] 2. No one may be the object of arbitrary or abusive interference with his private life, his family, or his correspondence, or of unlawful attacks on his honor or reputation. 3. Everyone has the right to the protection of the law against such interference or attacks. 194 The pertinent portions of Article 21 of the American Convention provide: “Article 21. Right to Property. 1. Everyone has the right to the use and enjoyment of his property. [...] 2. No one shall be deprived of his property except upon payment of just compensation, for reasons of public utility or social interest, and in the cases and according to the forms established by law.” 195 CEH, Guatemala: Memory of Silence, Annex 3, par. 3054. 196 CEH, Guatemala: Memory of Silence, Annex 3, par. 3076. 197 I/A Court H.R., Ituango Massacres Judgment, par. 271. 198 I/A Court H.R., Ituango Massacres Judgment, par. 274. 192 193 23