68
especially when committed by State agents; and serious deficiencies in due process and the
383
administration of justice.
293. The facts of the present case are part of a broader situation in which impunity ran high;
this high level of impunity is itself one of the most serious human rights violations occurring in
Guatemala.384 Impunity for those responsible for committing human rights violations is one of the most
important factors contributing to the persistence of such violations, as well as criminal and social
violence.385 The facts of this case occurred against a backdrop of extreme violence and persecution, in
which impunity was one of the gears in a system that was the umbrella under which the most
unspeakable atrocities were committed. The obligation to combat impunity is premised on an
understanding of the fact that “impunity fosters chronic recidivism of human rights violations, and total
386
defenseless of victims and their relatives."
294. The facts of the instant case involve a series of serious violations of human rights,
among them arbitrary detention, torture, rape, extrajudicial execution and forced disappearance of the
villagers of Chichupac and neighboring communities, as part of a policy conceived by those who wielded
power, and aimed at wiping out entire communities on a scale that qualifies as genocide.
295. Given the precedents that establish the State’s obligations to investigate cases of this
type, the Commission will examine whether, in the instant case, the Guatemalan State conducted a
serious and diligent investigation within a reasonable period of time.
2.6.1. Concerning the duty to conduct a serious and diligent investigation of the facts of this
case
296. Regarding the massacre in the village of Chichupac on January 8, 1982, the Commission
observes that the victims’ next of kin took the risk of formally reporting the facts in March 1993. Over
32 years have passed since the events in this case, and 21 years since a complaint was filed.
Nevertheless, the Commission notes that from the documentation supplied by the parties, no one has
ever been made to answer for these human rights violations; indeed, neither the intellectual authors
nor material authors have even been identified.
297. From the evidence on record, the IACHR observes that the only investigative measures
adopted were the testimonies taken from family members and the 1993 exhumation of the victims’
remains. The Commission also observes that the case file was missing for at least six years, which not
only prevented any judicial inquiries but also prevented the victims’ family members from becoming
plaintiffs in the case.
383
IACHR, Fifth Report on the Situation of Human Rights in Guatemala, April 6, 2001, par. 3.
384
IACHR, Fifth Report on the Situation of Human Rights in Guatemala, April 6, 2001, par. 55.
385
IACHR, Fifth Report on the Situation of Human Rights in Guatemala, April 6, 2001, par. 57. In the Report, the
IACHR made the following appeal to the State: “The Commission exhorts the State to devote priority attention and political will
to overcoming the situation of impunity that persists, and reiterates that the State will face responsibility for all violations of
human rights that occur until such time as it takes the necessary measures to ensure that justice is administered fairly and
effectively.”
386
I/A Court H.R., Case of Loayza Tamayo v. Peru. Reparations and Costs. Judgment of November 27, 1998. Series C,
No. 42, paragraphs 169-170.