REPORT Nº 31/99 CASE 11.763 PLAN DE SÁNCHEZ MASSACRE GUATEMALA March 11, 1999 I. SUMMARY 1. The petition which gave rise to the present case denounced the massacre of 268 inhabitants of Plan de Sánchez, Baja Verapaz, by members of the armed forces of Guatemala on July 18, 1982. The petitioners submit that the massacre was perpetrated pursuant to a State policy "designed to defeat the insurgent movement through the strategic eradication of its civilian support base." They contend that the violations were committed on such a scale as to represent massive violations of the American Convention on Human Rights and the relevant dispositions of international humanitarian law, and constitute crimes against humanity and genocide. 2. The petitioners allege that the State is responsible for the acts of its agents in killing civilian men, women and children, in violation of Articles 4, 5, 7, 12, 13, 19, 21 and 24 of the American Convention, the failure to respond with measures of judicial protection and guarantees, in violation of Articles 8 and 25, and the failure to respect and ensure the foregoing rights of the victims in violation of Article 1(1). In particular, the petitioners complain that the State has failed to: undertake a serious investigation designed to officially establish the facts and responsibility for the crimes; prosecute and punish the material and intellectual authors; or repair the consequences. 3. The State recognizes that, during the armed conflict in Guatemala both parties committed abuses, and events such as those in Plan de Sánchez stand as testimony to that fact. It acknowledges as evident the grave consequences for the victims. The State maintains that the Commission for Historical Clarification (Comisión para el Esclarecimiento Histórico, hereinafter "CEH") established by the agreement of the parties to the conflict will address questions of institutional responsibility, and the Guatemalan judiciary has yet to establish the responsibility of any state agents for the facts denounced. The State contends that the petition is inadmissible because the petitioners failed to exhaust domestic remedies, and because it was untimely filed. 4. As set forth in the report that follows, having examined the contentions of the parties on the question of admissibility, the Commission decided to admit the present case and proceed to an analysis of the merits. II. PROCESSING BEFORE THE COMMISSION 5. The Commission received the petition in an English language version on October 25, 1996. The Spanish language version, required for possible submission to the State, was received on February 4, 1997. Case 11.763 was opened on July 1, 1997. By a note of that date, the Commission transmitted the pertinent parts of the petition to the State of Guatemala, with the submission of information deemed pertinent requested within 90 days. 6. Pursuant to an August 14, 1997 request of the petitioners, the Commission scheduled a hearing on the case during its 97th period of sessions, and notified both parties by means of a note of September 4, 1997. 7. The State’s response to the petition, dated October 1, 1997, was received by the Commission on October 3, 1997. This information was transmitted to the petitioners on October 6, 1997, with observations requested within 45 days. 8. The hearing referred to was held on October 9, 1997, at the headquarters of the Commission, with representatives of both parties present. 1

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