41
A.
Injured Party
147. The Court considers an “injured party” to be, in the terms of Article 63(1) of the
Convention, anyone who has been declared a victim of a violation of a right recognized in
the Convention. Therefore, the Court considers as an “injured party” all those persons
indicated in Annex B of this judgment, who will be considered beneficiaries of the
reparations that the Court orders.
B. Obligation to investigate the facts of the case and, where appropriate,
prosecute and punish those responsible
148. The Commission did not present any specific arguments on this measure.
149. The representative, in referring to its request to order, as a measure of reparations,
the “strengthening” of the Human Rights Unit of the Public Prosecutor Service (infra para.
173), also asked that the “Xamán massacre” be investigated.
150. The State did not specifically refer to the request, but among its arguments on the
declared violations of rights it maintained that it had observed the “proper behavior [since
the investigation] concluded with the conviction of 14 members of the national security
forces and with the arrest warrants still in force for 11 persons who are fugitives from
justice.”
151. The Court notes that the representative did not autonomously request an
investigation into the facts as a measure of reparation, but did so as part of another
requested measure, the “strengthening” of the Human Rights Unit of the Public Prosecutor
Service. However, the Court finds it appropriate to separate both aspects and to
independently consider such an investigation. The Court recalls that, in relation to human
rights violations such as those declared in this case, State authorities must conduct a
serious, impartial and effective investigation, with all available legal means, that is
directed toward discovering the truth and to the pursuit, arrest, prosecution, judgment
and eventual punishment of the perpetrators, which is especially important when State
agents are involved.212
152. It has been shown that the State, through its courts, convicted 14 persons and
decided with respect to the other 11 persons that it was necessary to take actions to
determine their eventual criminal responsibility. Guatemala indicated that there are arrest
warrants in force for those 11 persons, who are “fugitives from justice” (supra paras. 66
and 76). Given that, for more than 18 years, there is no record of concrete actions to
make effective this means of apprehension by State officials, the Court declared the
State’s responsibility (supra paras. 88 to 92 and 98). Therefore, the Court orders the
State that, in accordance with its domestic law, it continue, within a reasonable time, the
pertinent national and international measures to conclude the investigation into the events
of October 5, 1995 at the Xamán finca regarding the 11 persons who Guatemala claims
are fugitives from justice and for whom arrest warrants have been issued, as well, where
appropriate, regarding other elements that might be pertinent.
Cf. Case of the Río Negro Massacres v. Guatemala, supra, para. 223 and, similarly, Case of Herzog et al.
v. Brazil, supra, para. 243.
212