55
Chichupac and neighboring communities of Rabinal were forced to flee their territories after the
massacre of January 8, 1982, to escape the prevailing violence in the area carried out by the
State security forces, which included massacres, executions, disappearances, rapes and
persecutions. Consequently, there was a mass exodus of these populations who sought refuge
in the mountains, in other places in the area and, later, in other municipalities, departments,
cities and even outside the country. The Army continued to pursue them in the mountains, and
also persecuted those who returned to the communities. At the same time, State security forces
burned homes, stole belongings and provisions, destroyed crops and harvests, and stole or killed
livestock. Thus, they destroyed livelihoods, caused the population’s displacement to continue
and prevented their return. Beginning in 1983, members of the National Army built the model
village or colony of Chichupac. The people who lived there experienced precarious conditions,
under strong military control, without any freedom and were forced to work to feed and support
the military. The men were forced to patrol the area again and some women were raped. Finally,
between 1986 and 1987 the military abandoned the colony.
178. The evidence presented in this case shows that some communities remained completely
empty for a long time and that this situation continued after March 9, 1987, the date on which
Guatemala recognized the jurisdiction of this Court, and that many residents of Chichupac village
and neighboring communities of the municipality of Rabinal remain displaced to this day. 193 The
Court will now determine whether these persons were unable to return to their lands after that
date. Thus, as it has done on previous occasions, 194 the Court will analyze the State’s alleged
failure to implement the necessary measures to ensure a dignified and safe return for those who
remained displaced after March 9, 1987, or to guarantee their voluntary resettlement.
B.1. Impossibility of return for the members of Chichupac village and neighboring
communities of the municipality of Rabinal
179. The Court recalls that the peace process that put an end to the internal armed conflict in
Guatemala began in 1996, that is, nearly 10 years after the State recognized the contentious
jurisdiction of this Court. That same year, the civil patrols were legally disbanded and the
Historical Clarification Commission (CEH) was created. Given the violent events that they
survived and the ongoing context of violence in Guatemala during those 10 years in which the
armed conflict continued, the members of Chichupac village and neighboring communities found
it impossible to return to their territories during that period, due to a well-founded fear of being
subjected to violations of their rights to life and personal integrity.
180. With respect to the period after the internal armed conflict, the evidence shows that there
was fear and insecurity among the surviving population due to the continued presence of those
responsible for the violence in the area of Rabinal. In this regard, the expert witness Luis Raúl
Francisco Salvadó Cardoza explained that, at present, the people who are willing to return to the
lands they used to occupy or where they lived, and who have tried to return to the communities,
“have frequently seen [in the village] the perpetrators of the crimes, the informers, their
torturers, the former patrol members who collaborated in the repression,” “or those who entered
the village to destroy the crops.” In addition, “former military commissioners and their local allies
exploit their land,” which “causes them insecurity and fear.” Thus, “the desire to return […] is
affected by […] the presence of the people and organizations that prompted the exodus and
193
In this regard, the community of Chijom, which had 50 homes, was deserted for a long time and is now populated
by approximately seven families. The community of Xeabaj, which prior to the impact of the internal armed conflict had
a population distributed in 80 or 90 houses in which large families lived, today only has five or six houses that are
inhabited. Cf. Expert opinion of Luis Raúl Francisco Salvadó Cardoza presented to the Inter-American Court during the
public hearing on April 28, 2016. Likewise, the residents of the communities of Xeabaj, Toloxcoc and Chirrum “were
unable to recover their leaders and their production projects.” Cf. Report on damage to mental (moral) health prepared
by the psychologist Nieves Gómez Dupuis on May 5, 2010 (evidence file, folios 1323 and 1324).
194
Cf. Case of the Moiwana Community v. Suriname, para. 108, and Case of the Río Negro Massacres v. Guatemala,
para. 180.