4
16.
The aggression they suffered destroyed or was intended to destroy the
historical link between the old and the new generations that ensured the
transmission of the cultural traditions, which are the condition and expression of the
identity of the members at both the individual and the collective level. The women
and the elders were sacrificed in an effort to restrict the reception and transmission
of the culture, which gives identity, continuity and historical transcendence to certain
human groups. This very severe violation was carried to extremes when the
surviving men were obliged to enlist with their aggressors and act in concert with
them, as if they were members of that group, rather than the one that had been
abused.
17.
I believe that this point has been covered satisfactorily in some points of the
judgment on reparations in this case; such as when it is said that “With the death of
the women and the older people, oral transmitters of the Maya Achí culture, their
knowledge could not be transmitted to the new generations, and, today, this has
produced a cultural vacuum. The orphans did not receive the traditional education
handed down from their ancestors. In turn, the militarization and repression to which
the survivors of the massacre were subjected, particularly the young men, has
caused them to lose their faith in the traditions and knowledge of their forefathers"
(para. 49(12)).
18.
The right to the benefits of culture is established in Article 14 of the Protocol
of San Salvador. The Court has not attempted to apply this norm, but has merely
established the evident consequences of the pecuniary and non-pecuniary damage
suffered by the victims of the declared violations of the American Convention,
violations that are included in the State’s acknowledgment of international
responsibility, according to the Inter-American Court’s judgment of April 29, 2004, in
this case. Clearly, there are connections between the juridical rights preserved
directly by the American Convention and those established in the Protocol of San
Salvador; to such an extent, that the protection granted by the former instrument
contributes to the protection of the rights established in the Protocol.
19.
It is pertinent to recall that the State’s acknowledgment of international
responsibility includes violations of Articles 1(1), 5(1) and 5(2) (Right to Humane
Treatment, specifically the attack on physical, mental and moral integrity, torture,
and cruel, inhuman and degrading treatment), 8(1) (Right to a Fair Trial), 11 (Right
to Privacy), 16(1) (Freedom of Association), 21(1) and 21(2) (Right to Property,
specifically the use and enjoyment of property and prohibition to deprive anyone of
this), 24 (Right to Equal Protection) and 25 (Right to Judicial Protection). Also,
violations of Articles 12(2) and 12(3) (Right to Freedom of Conscience and Religion,
specifically, harm to freedom of religion and beliefs, and limitation to manifest
religion and beliefs), 13(2)(a) and 13(5) (Freedom of Thought and Expression; in
this case, respect for rights or reputation, and prohibition of war propaganda and
advocacy of hate that constitute incitement to lawless violence on grounds of race,
color, religion, language or national origin, inter alia).
20.
The deprivations endured by the victims caused them severe physical, mental
and moral suffering, as established in Article 5(1) and 5(2) of the Convention. They
also gave rise to the violation of several aspects of the exercise of freedom of
conscience and religion, as established in Article 12(2) and 12(3) of the Pact of San
José, and also of freedom of thought and expression in relation to the incitement to
violence, in accordance with Article 13(2) and 13(5), provisions invoked, inter alia,
by the Court in its judgment of April 29, to which I now refer.
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