81
the participation of the latter in the facts was denounced and that the accusers provided the
names of the alleged perpetrators and the places where they could be found. Thus, the Court
considers that the investigation, arrest, prosecution, trial and eventual punishment of those
responsible for the violations committed against members of the village of Chichupac and
neighboring communities of the municipality of Rabinal, including the perpetrators and the
masterminds, has not been conducted effectively, with due diligence and within a reasonable
time, so as to fully and exhaustively examine the multiplicity of serious human rights violations
caused or alleged, within the specific context in which they occurred. Furthermore, the
investigations have not been aimed at locating all the disappeared victims, nor have all the
remains found in the various exhumations been properly and opportunely identified, even with
the procedural initiative of the victims’ next of kin. All this has violated, in particular, the right to
know the truth of the next of kin of the disappeared victims.
264. This Court has indicated that “Guatemala has a serious problem with respect to the impunity
that prevails in the country, specifically in relation to the systematic violations of human rights
that occurred during the armed conflict.” 324 The Court considers that the State’s actions in the
investigation of the facts of this case demonstrate a clear desire on the part of the authorities to
ensure that these remain in the most absolute impunity, which results in an aggravated
responsibility for the failure to comply with its duty to investigate serious human rights violations.
265. Taking into account the above considerations, as well as the body of evidence in the instant
case and the State’s partial acknowledgment of international responsibility (supra paras. 55 to
58), this Court finds that Guatemala is responsible for the violation of the rights recognized in
Articles 8(1) and 25(1) of the American Convention, in relation to Article 1(1) thereof, as well as
for the failure to comply with the obligations established in Article I. b) of the Inter-American
Convention on Forced Disappearance of Persons, Article 7.b of the Convention of Belém do Pará,
and in application of the principle iura novit curia, also in relation to Articles 1, 6 and 8 of the
Inter-American Convention to Prevent and Punish Torture, to the detriment of the victims in the
instant case or their next of kin, in their respective circumstances. The names of such persons
are listed in Annex I of this judgment, which includes, in application of the principle of good faith
and procedural loyalty, the names that appear in the “Single Annex” to the Merits Report of the
Commission and in the “General List of Victims” provided by the representatives on June 2, 2016,
as verified.
X
REPARATIONS
(Application of Article 63(1) of the American Convention)
266. Based on the provisions of Article 63(1) of the American Convention, 325 the Court has
indicated that any violation of an international obligation that has produced harm entails the
obligation to make adequate reparation, and that this provision reflects a customary norm that
constitutes one of the fundamental principles of contemporary international law on State
responsibility. 326
324
12 Guatemalan Cases. Monitoring compliance with judgment. Order of the Inter-American Court of Human Rights of
November 24, 2015, considering paragraph 125.
325
Article 63(1) of the Convention states: “If 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.”
326
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C No. 7,
para. 25, and Case of Herrera Espinoza et al. v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment
of September 1, 2016. Series C No. 316, para. 210.