TABLE OF CONTENTS
Paragraph
I.
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1
II.
PROCEEDINGS BEFORE THE COURT
4
III.
COMPETENCE
15
IV
PARTIAL ACKNOWLEDGMENT OF RESPONSIBILITY
17
V.
PRELIMINARY OBJECTION OF LACK OF COMPETENCE RATIONE TEMPORIS
A.
Arguments of the parties and of the Inter-American Commission
B.
Considerations of the Court
29
29
34
VI.
EVIDENCE
A.
Documentary, testimonial and expert evidence
B.
Admission of the evidence
40
41
42
VII.
PRIOR CONSIDERATIONS
A.
Determination of the presumed victims
B.
Other facts and human rights violations alleged by the representatives
44
44
52
VIII.
FACTS
A.
General context
B.
Background of the massacres of the community of Río Negro
C.
Massacre of March 4, 1980, in the chapel of the community of Río Negro
and extrajudicial executions of July 8, 1980
D.
Massacre of February 13, 1982, in the village of Xococ
E.
Massacre of March 13, 1982, on Cerro Pacoxom
F.
Massacre of May 14, 1982, in “Los Encuentros”
G.
Massacre of September 14, 1982, in Agua Fría
H.
Life in the mountains and the resettlement of the members of the
Community of Río Negro in the Pacux Settlement
I.
Investigation, prosecution and punishment of those responsible for the
massacres
a. Massacres committed in the Río Negro chapel and at Los Encuentros
b. Massacre committed in Xococ
c.
Massacres of Río Negro (Pacoxom) and Agua Fría
c.1. Principal measures taken
c.2. Exhumations
c.3. Request for information from State authorities and measures taken
to capture former colonel José Antonio González Solares
55
56
65
IX.
RIGHTS TO PERSONAL LIBERTY AND INTEGRITY, TO LIFE AND TO
JURIDICAL PERSONALITY OF THE MEMBERS OF THE RÍO NEGRO COMMUNITY
WHO WERE FORCIBLY DISAPPEARED AND THE RIGHTS OF THE CHILDREN OF
RÍO NEGRO WHO WERE FORCIBLY DISAPPEARED IN RELATION TO THE
OBLIGATION TO RESPECT AND ENSURE RIGHTS
A.
Arguments of the parties and of the Inter-American Commission
B.
Forced disappearance as a multiple and continuing violation of human rights
C.
The forced disappearance of 17 people taken away by helicopter during the
massacre perpetrated in Los Encuentros on May 14, 1982
2
68
70
76
80
81
82
84
88
89
92
92
102
106
109
109
112
122