33 with the preamble of the Inter-American Convention on Forced Disappearance, the systematic practice of the forced disappearance of persons constitutes a crime against humanity and, as such, entails the consequences established in the applicable international law. Need to avoid differentiated obstacles in detriment of the victims of the present case as members of the Maya Ixil Indigenous People 92. The Commission argued that, “it is very important that the Court examine the differentiated impact of the impunity processes on the indigenous people of Guatemala as well as the differentiated social and cultural obstacles faced by them when accessing the instances of criminal justice that shall investigate those crimes.” Similarly, it indicated that “the impunity for grave violations against human rights committed during the internal armed conflict against the Maya people and its members reaches levels of such a magnitude that they necessarily lead us to conclude that the remains of a racist and discriminatory culture continue to permeate ample sectors and spheres of the Guatemalan society, reflecting itself in a special manner on the justice administration system.” The Commission indicated that this is due, mainly, to five factors: a) lack of intercultural training of justice operators; b) limiting factors to the physical access to judicial institutions; c) high costs of the processing of judicial processes and the hiring or attorneys; d) a single language in the development of judicial processes; and e) behaviors and practices of a discriminatory type by the justice operators. 93. On its part, the representatives argued that: One of the main obstacles in this case is economic resources; the next of kin of María and Josefa, [are] farmers with little resources, which in no way would allow them to assume the representation costs of an attorney in order to formally become Plaintiffs and promote the investigation in this case […]. The language of the next of kin of María and Josefa is K´iche´, and as could be observed during the hearing they require a translator in order to be able to transmit information and request the same. The main bodies of the justice administration –the Judicial Body and the Public Prosecutors’ Office- do not have a permanent translator system, thus the possibility that […] they promote the process for themselves becomes even more difficult. Similarly, discrimination and racism on behalf of the operators of justice towards the indigenous and poor population does not allow or make the presentation of complaints or their promotion easy and even less so the possibility to go to trial for any of the cases related to the internal armed conflict, when many of the people who were victims of grave violations, in their majority of the indigenous population, are accused of being communists and members of the guerrilla when any of these facts is reported. 94. The State did not refer to this matter in its arguments. “the widespread or systematic practice of enforced disappearance constitutes a crime against humanity as defined in applicable international law and shall attract the consequences provided for under such applicable international law.”

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