Pacoxom massacre, the remains of 143 people were located, of which only three were
identified: Demetria Osorio Lajuj, Marta Julia Chen Osorio and Margarita Chen Uscap;
although the latter was identified “tentatively” (supra para. 102).
219. From this it can be concluded that the exhumations that have been performed were
carried out based on requests and complaints filed by surviving victims of the massacres in
the instant case, and that the initiative taken by the State to search for and identify victims
has been minimal, even though the facts in question are well-known and documented in
Guatemala, as previously noted in this Judgment (supra para. 195). In this regard, during
the public hearing, expert witness Rosalina Tuyuc stated that “since the exhumations in the
clandestine cemeteries began, most of them have been at the request of the victims, not
the State, because the State has never made it a priority or provided support for these
exhumations […].”I
220. Based on the above, the Court finds that although some exhumations of remains
presumably belonging to members of the Río Negro community have been performed, the
State has not continued those exhumations or the investigations that would permit the
identification of all the remains. In the Court’s opinion, this continues to increase the
uncertainty of the next of kin as regards the whereabouts of the victims, which affects their
right to know what happened to the victims. Thus, the State is responsible for the violation
of the rights recognized in Articles 8(1) and 25(1) of the American Convention, in relation to
Article 1(1) thereof (infra para. 237).
B.5.
Failure to investigate other facts
221. Owing to the scale and nature of the acts that occurred during the five massacres in
this case, added to the context in which they were committed, this Court has already
established that the obligation to investigate, prosecute and eventually punish those
responsible corresponds, ex officio, to the competent authorities. In this regard, the facts
that occurred during the internal armed conflict in Guatemala are neither new nor recent. To
the contrary, they have been widely addressed and documented at the domestic level. The
five massacres alleged in this case have even been the subject of specific analysis by the
Historical Clarification Commission.
222. In this regard, the Court finds it pertinent to indicate that the obligation to
investigate, prosecute and, as appropriate, punish those responsible for human rights
violations does not derive solely from the American Convention. Under certain
circumstances and depending on the nature of the facts, this obligation also derives from
other relevant inter-American instruments that establish an obligation for States Parties to
investigate conduct that is prohibited by those treaties. These instruments include the InterAmerican Convention to Prevent and Punish Torture, and the Inter-American Convention on
the Prevention, Punishment and Eradication of Violence against Women (“Convention of
Belém do Pará.”) This Court has thus established that States have “the obligation to
guarantee the right of access to justice […] in keeping with the specific obligations imposed
by the specialized Conventions […] concerning the prevention and punishment of torture
and violence against women. [T]hose provisions […] stipulate and complement State
obligations with regard to compliance with the rights established in the American
Convention,” and “the international body of law on the protection of personal integrity.”302
302
Case of the Miguel Castro Castro Prison v. Peru, supra, paras. 276, 377 and 379, and Case of the Dos
Erres Massacre v. Guatemala, supra, para. 137.
79
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