47
207.
The Commission, for its part, wrote that:
(…) extrajudicial or summary executions are deliberate, unlawful deprivations of freedom by
agents of the state, acting on orders or with at least the consent and acquiescence of the
authorities. Hence, extrajudicial executions are unlawful acts committed precisely by those
vested with the power originally intended to protect and guarantee the safety and life of
298
individuals.
208. The Commission recalls that the prohibition of torture is absolute and non-derogable,
even in the most difficult circumstances, such as war, the threat of war, the fight against terrorism and
any other crime, martial law or state of emergency, civil war or commotion, suspension of constitutional
guarantees, internal political instability, or any other public disaster or emergency.299 The InterAmerican Court has written that an international juridical regime of absolute prohibition of all forms of
torture, both physical and psychological, has been developed and is now part of the international jus
300
cogens.
209. According to the facts established, on January 8, 1982, members of the Guatemalan
Army and their collaborators perpetrated a massacre in which 32 persons were tortured and
extrajudicially executed. Also, in other events that happened between 1981 and 1986, 39 persons were
extrajudically executed in separate events and operations.
210. From the testimony given by family members and the facts documented by the CEH and
the REMHI, the Commission notes that these were defenseless civilians and included women, elderly
men and women and children of both sexes, all members of the Mayan indigenous community.
Similarly, the IACHR has taken as established fact that before being extrajudicially executed, the
deceased were not only victims of assaults on their physical and mental integrity but victims of torture
as well.
211. This conclusion is consistent with what the Commission for Historical Clarification wrote,
which documented the fact that one common characteristic of most massacres, “in addition to
executions, is the amassing of serious human rights violations such as torture, cruel treatment (…) and
301
aberrant acts such as mutilation of corpses.”
212. In this same vein, in its 1981 Report on the Situation of Human Right in Guatemala, the
Commission made reference to the brutality to which persons in that context were subjected:
Judgment of September 15, 2005. Series C No. 134, par.231; and Case of Huilca Tecse v. Peru. Merits, Reparations and Costs.
Judgment of March 3, 2005. Series C No. 121, par.66.
298
IACHR, Report No. 25/02, Case 11,763, Plan de Sánchez Massacre, Guatemala, February 28, 2002, par.114.
299
I/A Court H.R., Case of Maritza Urrutia v. Guatemala. Merits, Reparations and Costs. Judgment of November 27,
2003. Series C No. 103, par.89; and Case of Cantoral Benavides v. Peru. Reparations. Judgment of December 3, 2001, Series C
No. 88, par.95.
300
I/A Court H.R., Case of Maritza Urrutia v. Guatemala. Merits, Reparations and Costs. Judgment of November 27,
2003. Series C No. 103, par. 92; Case of Cantoral Benavides v. Peru. Reparations. Judgment of December 3, 2001, Series C No.
88, paragraphs 102 and 103.
301
Annex 3. CEH, Memory of Silence, Volume III, The human rights violations and acts of violence, par. 3057.