75.
In the context of the Peace Accords, signed by the Guatemalan Government and
the Unit Revolucionaria Nacional Guatemalteca (hereinafter “URNG”) 68 in an effort to reach
a negotiated settlement to the conflict, on March 29, 1994, the “Global Agreement on
Human Rights” was signed. In this agreement, the parties recognized “the importance of
national institutions and entities for the protection and promotion of human rights, as well
as the advisability of strengthening and consolidating” these bodies- They also “agree[d]
that all actions that may affect the guarantees of individuals or organizations working to
promote and protect human rights, are condemnable.” The State made a commitment to
adopt “special measures of protection” in favor of individuals or organizations working in
the field of human rights. Similarly, [it promised to] “investigate promptly and thoroughly
any complaints submitted, related to acts or threats that could affect them,” and
reiterated its “commitment to effectively guarantee and protect the work of individuals
and organizations that defend human rights.” 69
76.
However, in subsequent years, many acts of harassment and aggression against
human rights defenders continued, as confirmed by numerous reports from different
sources:
a) In 2001, the Inter-American Commission on Human Rights reported that while attacks
against human rights defenders had declined substantially in the period prior to the
signing of the Peace Accords, these attacks had begun to increase again in the year
after the signing of the treaty, and had continued to rise steadily since then. 70 In 2003,
the Commission found “a progressive deterioration in the situation of human rights
activists in Guatemala, [... and] a significant increase in attacks, which directly or
indirectly, impede or obstruct the work of human rights defenders.” The main targets
of those attacks were, on the one hand, those who investigated human rights
violations committed during the armed conflict (including the victims themselves,
witnesses, lawyers, human rights activists and forensic experts), and on the other,
those who promoted economic, social and cultural rights and the rights of indigenous
populations and ecologists. 71 The acts of intimidation included telephone calls,
surveillance and tailing or spying, and the most frequent methods used were “threats
in writing, by telephone or electronic means, or through third parties”, as well as
“hindering the efforts of defenders” and “intimidation […] through attacks on the
defender’s life and physical integrity.” According to the Commission, “there [was] a
clear link between the impunity prevailing in the country and the defenders’ situation
of vulnerability.” As to the perpetrators, there was a general consensus - recognized
even by the Government - that the increase in attacks was associated with the
existence and operation of illegal groups and clandestine security organizations, with
connections to organized crime and State agents and agencies, particularly with the
military intelligence services. 72 In 2004, the Commission reported that the number of
such acts had increased in the previous years and formed part of a “pattern of
intimidation toward human rights defenders,” aimed at “preventing the effective action
of the Judiciary in cases of human rights violations committed during the armed
conflict.” 73
68
According to the Commission for Historical Clarification (CEH) of Guatemala, “[t]he Partido Guatemalteco
del Trabajo (PGT), Fuerzas Armadas Rebeldes (FAR), Organización del Pueblo en Armas (ORPA) and Ejército
Guerrillero de los Pobres (EGP), participated in the unification process which culminated with the creation of the
Unidad Revolucionaria Nacional Guatemalteca (URNG) on February 7, 1982, [however] each organization continued
to maintain its own identity. […]”. Cf. CEH, Guatemala, Memory of Silence, Chapter 2, pages 235 and 298 (File of
attachments to pleadings and motions brief, pages 3214 and 3277). After the conflict, the URNG became a political
party. Cf. Supreme Electoral Tribunal, Report on the General Elections 2003, Municipality of Santa Lucía
Cotzumalguapa. Available at: http://216.230.138.139/elections2003/SantaLuciaCotz.pdf and Statement of
December 5, 2010 of the then municipal Mayor (attached to submission brief, page 794).
69
Cf. Comprehensive Agreement on Human Rights, March 29, 1994 (File of attachments to pleadings and
motions brief, pages 2429 to 2436).
70
Cf. IACHR, Fifth Report on Human Rights situation in Guatemala, OAS/Ser.L/V/II.111 Doc. 21 rev. April 6,
2001, Chapter VI, para. 26. Available at: http://www.IACHR.org/countryrep/guatemala01sp/indice.htm.
71
Cf. IACHR. Justice and Social Inclusion: The Challenges of Democracy in Guatemala. OAS/Ser.L/V/II.118,
Doc.
5,
rev.
1,
December
29,
2003,
paras.
173,
176
and
178.
Available
at:
http://www.IACHR.org/countryrep/Guatemala2003sp/capitulo3.htm.
72
Cf. IACHR. Justice and Social Inclusion: The Challenges of Democracy in Guatemala. OAS/Ser.L/V/II.118,
Doc.
5,
rev.
1,
December
29,
2003,
paras.
182
to
184
and
186.
Available
at:
http://www.IACHR.org/countryrep/Guatemala2003sp/capitulo3.htm.
73
Cf. IACHR. Annual Report. 2004. OAS/Ser.L/V/II.122. Doc. 5 rev. 1, February 23, 2005. Chapter V, Title
III, para. 55. Available at: http://www.IACHR.oas.org/annualrep/2004sp/cap.5a.htm.
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