64 172. Article 1(1) of the Convention provides that [t]he States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. 173. The Court notes that there existed and still exists in Guatemala the situation of impunity with regard to the acts of the instant case, impunity meaning the total lack of investigation, prosecution, capture, trial and conviction of those responsible for violations of the rights protected by the American Convention, in view of the fact that the State has the obligation to use all the legal means at its disposal to combat that situation, since impunity fosters chronic recidivism of human rights violations, and total defenselessness of victims and their relatives. 174. On the basis of Article 1(1) of the American Convention, the Court considers that Guatemala is obliged to organize the public authorities to guarantee persons subject to its jurisdiction the free and full exercise of human rights, as also enshrined in the Political Constitution in force (Title I, single chapter). The foregoing applies whether those responsible for the violations of those rights are members of the public authorities, private individuals, or groups. 175. The violations of the right to personal liberty and safety, to life, to physical, psychological and moral integrity and to the judicial guarantees established, are attributable to Guatemala, which has the duty to respect and ensure those rights. Guatemala is therefore responsible for failure to abide by Article 1(1) of the Convention, in connection with the declared violations of Articles 4, 5, 7, 8 and 25 thereof. XVII ARTICLE 63(1) 176. Article 63(1) of the American Convention provides that [i]f the court finds that there has been a violation of a right or freedom protected by this Convention, the Court shall rule that the injured party be ensured the enjoyment of his right or freedom that was violated. It shall also rule, if appropriate, that the consequences of the measure or situation that constituted the breach of such right or freedom be remedied and that fair compensation be paid to the injured party. 177. In the brief containing its application the Commission requested that the Court [r]equire Guatemala to identify, try and punish those responsible for the violations in question in order to combat the perpetrators’ flagrant impunity which undermines and erodes respect for the law [, that it r]equire Guatemala to compensate the victims for the aforementioned violations, pursuant to Article 63(1) of the Convention [and] require Guatemala to pay the costs and expenses incurred by the victims and their families in processing this case before the Inter-American Commission and the Inter-American Court, as well as reasonable fees of their attorneys ... 178. In the light of the foregoing, the Court considers that Guatemala must order a genuine and effective investigation to identify and, as appropriate, punish the persons responsible for the human rights violations in question. 179. Given the nature of the instant case, the Court cannot rule that enjoyment of the rights or freedoms violated be restored to the injured parties. On the contrary, it

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