54
233. The Commission, for its part, has written that a rape not only violates the victim’s
physical, mental ad moral integrity, but also intrudes into the most intimate areas of her private life, her
physical and sexual space, and robs the victim of her ability to make her own independent decisions
regarding her body.327
234.
In the case of Guatemala’s armed conflict, the Commission notes that raping indigenous
women was used by the Guatemalan Army as another method of destroying and annihilating the Mayan
population. The CEH wrote the following concerning the rape of indigenous women:
[…] For the Maya women, the armed violence was compounded by gender violence and ethnic
discrimination. […]
[…] Sexual rape was a widespread and systematic practice by State agents in the framework of
the counterinsurgency strategy. Rape became a real weapon of terror, a gross violation of human
rights and international humanitarian law. The immediate victims were mainly women and
children, although men and boys were not spared. The rapes caused suffering and had profound
aftereffects on both the immediate victims and their families, spouses and the entire community.
It also had serious collective effects on the victims’ ethnic group.
[…]The rape act itself was attended by violations of many other rights. As a rule, the rapes –
whether individual or selective- occurred in the context of the victims’ detention; what followed
was often the victims’ death or disappearance. The cases of rapes on a mass scale or
indiscriminate and public rapes occurred in areas with large indigenous populations; rapes
became common practice when an outpost of military troops or PAC was installed; they also
routinely preceded massacres or were part of scorched-earth operations. Pregnant women were
raped, killed and their fetuses destroyed.
[…] Because of the modus operandi, rapes led to an exodus of women and scattered entire
communities, breaking up marital and social relationships, and thus led to a sense of social
isolation and community shame. It also drove women to abortion and infanticide, were an
impediment to marriages and births within the group, which hastened the destruction of the
328
indigenous groups. […].
235.
In the cas d’espèce, it has been established that i) on January 8, 1982, Máxima Emiliana
García Valey was raped by members of the Guatemalan Army; ii) on November 22, 1982, Gregoria Valey
Ixtecoc was raped by members of the Guatemalan Army, who then murdered her and hung her body
inside her home; and iii) Juana García Depaz was the victim of multiple rapes by a number of soldiers
between October 1982 and June 1985, which twice left her pregnant. Having examined the entire case
file in the context described above, the Commission considers that these three women’s rapes clearly
were part of the Guatemalan State’s policy, specifically as regards the use of sexual violence.
236.
The Commission therefore concludes that the Guatemalan State is responsible for
violation of articles 5(1), 5(2) and 11 of the American Convention, read in conjunction with Article 1(1)
and to detriment of Máxima Emiliana García Valey, Gregoria Valey Ixtecoc and Juana García Depaz.
327
IACHR, Report No. 53/01, Case 11.565, Merits, Ana, Beatriz and Celia González Pérez, Mexico, April 4, 2001, par.
328
Annex 3. CEH. Memory of Silence. Volume III, The Human Rights Violations and Acts of Violence, paragraphs 2350-
45.
2353.