ii. Absolute necessity: [I]t is necessary to verify whether other less harmful means exist to
safeguard the life and integrity of the person or situation that it is sought to protect,
according to the circumstances of the case.
iii. Proportionality: the level of force used must be in accordance with the level of resistance
offered, which implies establishing a balance between the situation that the agent is facing
and his response, considering the potential harm that could be caused.178
112.
Within the framework of military incursions by members of the Armed Forces, the Court has
highlighted the importance of protecting civilians179. In addition, the IACHR has underscored the particular
seriousness of cases in which the victims of human rights violations are children, who have specific rights
under the American Convention.180 In particular, States have special duties of prevention and protection
when it comes to the use of force by security agents in situations that involve or might involve children or
juveniles.181
113.
In this case, the Commission finds that the events that occurred on October 5, 1995 are not
in dispute: (i) the entry of a patrol comprising personnel of the Guatemalan Armed Forces to the Xamán
estate inhabited by 90 families, most of whom had been refugees in Mexico during the armed conflict; (ii) the
arrival of the military patrol at the center of the community, which spread fear among the residents; (iii) the
fact that the soldiers started shooting at the residence and then fled the estate; and (iv) the fact that the
residents' only actions had been verbal remarks directed at the soldiers and an attempt by a woman to take
the sergeant's weapon.
114.
As a result of the shots fired by the armed forces personnel, 11 members of the community
died,182 including three children.183 Furthermore, according to the proven facts, the IACHR finds that 29
members of the community were wounded,184 three of whom subsequently died as a result of their
injuries.185
115.
The IACHR reiterates that these facts have been confirmed by the report of the CEH and in
various judicial proceedings. Furthermore, as was mentioned, the Guatemalan State has not provided a
satisfactory explanation demonstrating that the requirements of legality, necessity, and proportionality in the
use of force by its agents were met. On the contrary, the state acknowledged the events to the Commission in
the following terms:
178 I/A Court H.R. Case of Landaeta Mejías Brothers et al v. Venezuela. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of August 27, 2014. Series C No. 281, par. 134.
179 I/A Court H.R., Case of the Santo Domingo Massacre v. Colombia. Preliminary Objections, Merits and Reparations. Judgment
of November 30, 2012. Series No. 259, para. 216.
180
IACHR, Case 12.896, Report No. 72/15, Merits, Ramírez brothers and family, Guatemala, October 28. 2015, para. 127.
I/A Court H.R. Case of García Ibarra et al v. Ecuador. Preliminary Objections, Merits, Reparations, and Costs. Judgment of
November 17, 2015. Series C No. 306, par. 117.
181
182 (i) Abel Pérez Ramírez; (ii) Andrés Miguel Mateo; (iii) Carlos Fernando Chop Chi; (iv) Hilaria Morente de la Cruz; (v) Juana
Jacinto Felipe; (vi) Manuela Mateo Antonio; (vii) Pablo Coc Coc, (viii) Pedro Diego Andrés; (ix) Pedro Medina Sánchez; (x) Maurilia Coc
Max; and (xi) Santiago Pop Coc.
183
(i) Carlos Fernando Chop Chip; (ii) Maurilia Coc Max; and (iii) Santiago Pop Coc.
184 (i) Aurelio Hernández Morales; (ii) Carmen Caal Saquiq; (iii) Efraín Grave Morente; (iv) Eliseo Hernández Morales; (v)
Francisco Hernández; (vi) Gerardo Maldonado Sales; (vii) Jacinta Matón; (viii) Josefa Mendoza Aguilar; (ix) Juan Medina Toma; (x) Juana
Andrés Maldonado; (xi) Juana Felipe Velásquez; (xii) Marcos Jolomna Yat; (xiii) Martín Quip Mocú; (xiv) Mateo Pedro; (xv) Natividad
Sales; (xvi) Pascual José Pascual; (xvii) Pedro Daniel Carrillo López; (xviii) Ricardo Pop Caal; (xix) Rolando Hernández Maldonado; (xx)
Rosenda Sales Ortiz; (xxi) Rosendo Morales Ortiz; (xxii) Santiago Cajbón Quip; (xxiii) Santiago Maquin; (xxiv) Santos Choc Max Coc; (xxv)
Tomás Grave Morente; (xxvi) Víctor Carrillo; (xxvii) Micaela Pascual; (xxviii) José Hernández Maldonado; and (xxix) Germán Cajbon Choc.
185
(i) Santiago Maquin; (ii) Gerardo Maldonado Sales; and (iii) Rosendo Morales Ortiz.
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