5
to military campaign plans or containing strategies for military missions and
hostilities in general, and to allow access to military files.
As mentioned by the Inter-American Commission on Human Rights in its initial
claim of the case under consideration, on April 1982 “The Military Junta of the
Government pronounced the ‘National Plan for Security and Development’ which
established national objectives in military, administrative, legal, social, economic
and political terms.” In this plan, the main areas of conflict in the various
departments of the country were identified. The Military Junta and the High
Command also designed and ordered the implementation of a military campaign
plan called “Victory 82,” in which they used new strategic definitions within the
framework of counterinsurgency and the objectives of the National Plan for Security
and Development. The Military’s refusal to deliver these and other documents is
promoting more impunity in Guatemala.
In the case of Mack Chang vs. Guatemala, Judgment of November 25, 2003,
paragraph 180, the Inter-American Court of Human Rights asserted that “in cases
of human rights violations, State authorities cannot resort to mechanisms such as
State Secrets or confidentiality of the information, or reasons of public interest or
national security, to refuse to supply the information required by the judicial or
administrative authorities in charge of the ongoing investigation or proceeding.”
The Inter-American Court of Human Rights has also referred to the “State Secrets”
as an obstacle to access information, in particular information that sheds light on
human rights violations.
Indeed, in the case of Myrna Mack Chang vs. Guatemala, the Court echoed the
words of the Inter-American Commission and recognized that “[i]n the framework
of a criminal proceeding, especially when it involves the investigation and
prosecution of illegal actions attributable to the security forces of the State, there is
a possible conflict of interests between the need to protect state secrets, on the one
hand, and the obligations of the State to protect individuals from the illegal acts
committed by their public agents and to investigate, prosecute, and punish those
responsible for said acts, on the other hand.” In this case, the Court was emphatic
in asserting that “in cases of human rights violations, the State authorities cannot
resort to mechanisms such as State secrets or confidentiality of the information, or
reasons of public interest or national security, to avoid providing the information
required by the judicial or administrative authorities in charge of the ongoing
investigation or proceeding.”
In conclusion, the State of Guatemala and specifically the Guatemalan Army are
obligated to deliver these and other documents that provide the information
necessary to shed light not only on cases such as the Las Dos Erres Massacre, but
also other cases of the same gravity, which remain in impunity. International Law
recognizes the rights of individuals to receive information, especially relating to acts
by the public administration. While the right to access of information is not
absolute, all restrictions placed must be clearly established in the law and must
respond to an exceptional situation.
The State of Guatemala has the duty to fight impunity and, consequently, to
remove all obstacles that could unfairly impede or delay the effective investigation
and punishment of those responsible for grave human rights violations and crimes
under international law and specifically in the case of Las Dos Erres Massacre.
Consequently, it cannot invoke “State secrets” to deny information relating to grave
human rights violations and crimes under international law.
Likewise, the State of Guatemala cannot use “State secrets” as a justification to
avoid judicial proceedings from moving forward against those allegedly responsible
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