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240. From the facts established, the Commission notes that i) Santiago Reyes Román was 14
when he was executed on January 1, 1982; ii) Rosa González Tecú , age 10, Héctor Rolando Alvarado
García, age 2, Adela Florentina Alvarado García, one year old, María Concepción Xitumul Xitumul, age 5,
and a newborn baby girl between the ages of 0 and 3 months and whose name is unknown, were
executed on March 2, 1983; iii) José León Grave García was 16 when he was executed on October 22,
1983; iv) Fidel Alvarado Sucup was 16 when he was executed on January 1, 1982; and v) Abraham
Alvarado Tecú (o Agapito Alvarado Depáz) was 15 when he was executed on January 18, 1982.
241.
In the case of these boys and girls, the Commission finds that the Guatemalan State not
only violated their right to life, in the manner described in this report, but also violated its obligation to
provide them with special protection, established in Article 19 of the American Convention.
242. The Commission also observes that in November 1982 or March 1983, Antonio Chen
Mendoza, age 5, died from a lack of medical care. The IACHR recalls that the CEH concluded that
“during their displacement, villagers endured conditions that sometimes killed them, as they were
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already very weak and short on food; they thus became prone to illness or died of hunger.”
243. The Commission deems that the State, by its policy of persecuting and exterminating
the indigenous population during the armed conflict, created a situation of insecurity that in some cases,
such as this one, caused people to die for lack of access to health services. The death of Antonio Chen
Mendoza, in the manner described in the established facts, is an example of this very situation. The
IACHR therefore concludes that the State violated the right to life and its special duty of protection,
established in articles 4 and 19 of the American Convention, read in conjunction with Article 1(1)
thereof, to the detriment of the child Antonio Chen Mendoza.
2.5.
Concerning subsequent effects related to these events
244.
It has already been established that the massacres and other violations committed
against the village of Chichupac and neighboring communities were planned and carried out by the State
of Guatemala through the Army and its civilian collaborators for the purpose of exterminating the
members of the village of Chichupac and neighboring communities. Nonetheless, the persons who were
able to survive suffered a series of consequences that had a profoundly detrimental impact on them for
many years. What follows is an analysis of the rights protected by the American Convention that were
violated to the detriment of the survivors of the massacres.
2.5.1. Right to humane treatment and the right to a family, in the case of the survivors and
the victim’s next-of-kin (articles 5 and 17 of the American Convention, read in
conjunction with Article 1(1) thereof)
245.
The organs of the inter-American system have repeatedly insisted that the next of kin of
the victims of human rights violations may also be victims. In cases related to massacres and
extrajudicial executions, the Court has considered that “no evidence is needed to prove the severe
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Annex 3. CEH, Memory of Silence, Volume III, The Human Rights Violations and Acts of Violence, par. 3395.