173. Regarding the alleged violation of the right to know the truth, the Court observes
that the Peace Accords signed to end the internal armed conflict (supra para. 55),
“recognize[d] the right […] of all society to know the truth.” 256 To this end, the Historical
Clarification Commission was established to “clarify […] the human rights violations and the
acts of violence related to the armed conflict that have caused suffering to the Guatemalan
people.” 257 In addition, under the National Reconciliation Law of December 27, 1996, “the
Historical Clarification Commission […] was mandated […] to design the mechanisms to
make it possible to know and acknowledge the historical truth of the period of the internal
armed internal conflict in order to prevent a repetition of such events.” To this end, it was
established that “the State bodies or entities must provide the Commission with the support
it requires.” 258
174. Despite this mandate and the collaborative arrangements, the Court observes that,
in its report, the CEH itself “consider[ed] the collaboration provided by the National Army to
have been unreliable and unsatisfactory,” as well as that of “the Ministry of the Interior.” It
indicated that “[o]ver the period during which the Commission carried out its mandate, the
Executive – through different departments, including the National Army and the Private
Secretariat of the President of the Republic – offered diverse excuses for not handing over
the documents requested [by the Historical Clarification Commission]” 259 (supra para. 55).
The CEH also indicated that “the Ministry of the Interior, […] in view of the lack of
documentation, failed […] to carry out an active search for background material in relation
to several cases concerning which it ha[d] been asked to provide information; it also failed
to summon individuals who worked for the National Police in order to support the work [of
the CEH], and so that society could know the truth of what happened in these significant
cases.” 260 The Court recalls that the Ministry of Defense denied the existence of documents
such as the Diario Militar to the CEH, and this appeared through unofficial channels three
months after the Commission had published its final report (supra paras. 55 and 56.) Also,
the National Police, attached to the Ministry of the Interior, did not hand information over to
the CEH that subsequently appeared in the Historical Archive of the Police, which confirms
that “it did not search actively for background material in relation to” information requested
by the Commission.
256
In particular, the Agreement on the Basis for the Legal Integration of the Guatemalan National
Revolutionary Unity, signed in Madrid, Spain, on December 12, 1996, stipulates: “Right to the truth 18. The
inalienable right of every society to know the truth is hereby recognized, and the National Reconciliation Law will
therefore mandate the Historical Clarification Commission to elucidate human rights violations and acts of violence
that have caused suffering to the Guatemalan people, the design of mechanisms to make it possible to know and
acknowledge the historical truth of the period of the internal armed conflict in order to prevent a repetition of such
events. The Law shall require any State agency or entity to provide the Commission with the support it requires to
carry out its task, according to the objectives stipulated in the relevant agreement.” Also, the Agreement on a Firm
and Lasting Peace signed in Guatemala on December 29, 1996, establishes: “4. It is a right of the people of
Guatemala to know the full truth about human rights violations and acts of violence in the context of the internal
armed conflict. Clarifying what happened with objectivity and impartiality will contribute to strengthen the process
of national conciliation and democratization in the country. The latter agreement “culminate[d] the process of
negotiation in the search for peace by political means.” Furthermore, it integrated the other agreements signed
within the framework of the peace negotiations, which came “formally and fully into force on the signature [of the
said] Agreement.”
257
The Commission was established by the Oslo Accords signed on June 23, 1994, which established the
aspect indicated supra as one of the main objectives of its mandate.
258
Decree No. 145-1996: National Reconciliation Law, supra, article 10.
259
Cf. CEH, supra, volume I, pp. 49 and 50, paras. 89, 93 and 95.
260
Selection of correspondence between the CEH and the institutions of the Republic of Guatemala, letter of
April 29, 1998, ABT/C/092-98/lg, addressed to the President’s Private Secretary, CEH supra, volume VIII, pp. 180
and 181.
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