103.
The CEH also said that prosecutors and judges who were involved in the proceeding came
under pressure and received threats, as did the initial petitioners in this case.162 With respect to the initial
petitioners, they said that one year after the events occurred, Ms. Menchú’s nephew was kidnapped.163 The
petitioners held that that incident “ha[d] evident links to what happened at the Xamán estate.164 They also
alleged that in March 1998, Mr. Salerno, one of the original petitioners, was intercepted by a vehicle that was
following him and that the brake lines of his car were cut, with the result that he nearly had an accident.165
The petitioners said that Mr. Salerno filed a complaint with the Human Rights Procurator. They added that
the petitioner, Ms. López Funes, was also the victim of harassment.166
B.
Legal Analysis
1.
Matter precedent concerning identification of the victims
104.
Within the Inter-American Commission’s system of individual petitions and cases, all alleged
victims in a given case are to be identified to the extent possible. Even so, there are situations in which
identification poses challenges. In such situations, various factors have to be considered when analyzing the
alleged victims’ identification, and certain standards of reasonability and flexibility may be called for.
105.
The Commission notes that the names of the alleged victims differ in the various
communications from the parties and in the judicial case file. Net connection, the IACHR finds that the events
in this case occurred more than 20 years ago. Another factor for the Commission to consider are the
differences between the names of the alleged victims in Mayan –the mother tongue of the alleged victims- and
the translation of those names into Spanish.167 The IACHR recalls that, while many indigenous persons kept
their Maya names, when those names are entered into the Civil Register the public authorities render them as
close to Spanish as possible, which is why the differences occur.
106.
The Commission notes this situation for the record and in each section it will proceed to
identify the individual victims as precisely as possible, bearing in mind the circumstances of the case.
2.
The rights to life and humane treatment (Article 4(1) 168 and 5(1)169 of the American
Convention on Human Rights, in connection with Article 1(1) and 19170 of that
instrument)
107.
The Commission recalls that the right to life is a prerequisite for the enjoyment of all other
human rights and if it is not respected all other rights are meaningless.171 Thus, compliance with Article 4, in
162
Massacre.
Annex 2. CEH, Guatemala: Memory of Silence, Volume VI, Illustrative Cases, Annex 1, Illustrative Case No. 3: Xamán
163
Annex 4. Petitioners' communication received on November 16, 1995.
164
Annex 4. Petitioners' communication received on November 16, 1995.
165
Annex 39. Petitioners' communication of March 18, 1998.
166
Annex 39. Petitioners' communication of March 18, 1998.
167 For example, at the hearings held during the criminal proceedings prosecuted against Ríos Montt and in other proceedings
related to the events that transpired during the armed conflict, many indigenous witnesses underscored the difference between their
original
name
in
their
Mayan
language
and
their
name
in
“cashlan.”
For
more
information,
see:
http://www.prensalibre.com/revista_d/APELLIDO_0_872313072.html
168 Article 4(1) of the American Convention: 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.
169
respected.
Article 5(1) of the American Convention: Every person has the right to have his physical, mental, and moral integrity
170 Article 19 of the American Convention: Every minor child has the right to the measures of protection required by his
condition as a minor on the part of his family, society, and the state.
23