34
VII
PROVEN FACTS
76.
In accordance with the State’s acknowledgement of responsibility and the
body of evidence in this case, the Court considers that the following facts have been
proved:
The internal armed conflict in Guatemala and the Civilian Self-Defense Patrols
76(1) In Guatemala, there was an internal armed conflict from 1962 to 1996, during
which it has been calculated that there were more than 200,000 victims of arbitrary
executions and forced disappearances as a result of the political violence. The State’s
forces and paramilitary groups, such as the Civilian Self-Defense Patrols (PAC) or the
Voluntary Self-Defense Committees, committed most of these human rights
violations.26
76(2) The Civilian Self-Defense Patrols emerged at the beginning of the 1980s as
groups of civilians formed under coercion by the Army. In April 1983, Governmental
Agreement 222-83 gave them legal recognition, through the creation of the National
Leadership for Coordination and Control of Civilian Self-Defense. The main objectives
of the PAC were to organize the civilian population against the guerrilla movements
and gain control over it.
76(3) The Civilian Self-Defense Patrols had an institutional relationship with the
Army, carrying out support activities for the functions of the Armed Forces;
furthermore, they received resources, arms, training and orders directly from the
Guatemalan Army, and operated under its supervision. Various human rights
violations were attributed to these patrols, including summary and extrajudicial
executions, and forced disappearances of persons.27
76(4) In 1993, the year in which the events of the instant case took place, it was
known that the Civilian Self-Defense Patrols of San Pedro de Jocopilas violated the
civil rights of the inhabitants of this region, where they enjoyed sufficient political
power to unilaterally establish a curfew, demand monetary contributions from their
members, impose disciplinary measures and punishments, and also kidnap and
torture neighbors. During this period, these patrols were responsible for various
murders, for which impunity was practically guaranteed.
The political situation in Guatemala between 1985 and 1993
76(5) In 1985, a period of transition to democracy began in Guatemala; its progress
was hindered by attempted coups d’état by the Army in 1987, 1988 and 1989.
76(6) In 1990, general elections were held, and Mr. Serrano Elías won the
presidential elections in the second electoral round with 24.8% of the electorate; he
obtained 10 seats in Congress and 3% of the municipalities. The National Union for
the Center, headed by Jorge Carpio Nicolle, obtained 40 deputies in Congress; that is
to say, 34.5% of this body.
26
Paragraphs 76(1) to 76(65) of this judgment are uncontested facts, that this Court considers
established based on the State’s acknowledgement of responsibility.
27
Cf. Case of Blake. Judgment of January 24, 1998. Series C No. 36, para. 76(