this regard, the Court considers that it is not necessary to incorporate this testimonial
statement, because it is not essential for deciding this case, because the partial
acknowledgment of responsibility made by the State, and the available body of evidence
provide sufficient information to decide the merits of the case. 43
VII
FACTS
48.
Given the importance of establishing the facts that generated State responsibility in
this case in order to preserve the historical memory and to prevent the recurrence of similar
events and also as a form of reparation to the victims, in this chapter, the Court will
establish the facts of the case, based on the facts submitted to its consideration by the
Commission and the acknowledgment of responsibility made by the State, taking into
account the motions and arguments brief of the representatives and the body of evidence.
49.
The Court recalls that, based on its case law, the principle of non-retroactivity and
the optional clause on the acceptance of the Court’s jurisdiction do not mean that an event
that occurred before the said acceptance must be excluded from any consideration when
such an event may be relevant for determining the facts and the human rights violations
that do fall within its temporal competence. In addition, the Court notes that, under Article
41(3) of the Rules of Procedure, it may consider those facts that have not been expressly
denied and those claims that have not been expressly controverted as accepted. The Court
also recalls that, in order to decide the different cases submitted to its consideration, it has
needed to take into account the context and other facts that exceed its jurisdiction, such as
events that are relevant in order to understand the circumstances in which the alleged
violations submitted to its consideration took place. 44
50.
The Court will now refer to the facts relating to the violations alleged in this case,
namely: (A) the context in which the events of this case took place; (B) the appearance of
the Diario Militar and the Historical Archive of the National Police; (C) the facts relating to
the forced disappearances of the Edgar Fernando García, as well as the circumstances
surrounding this; (D) the search for the victim and the investigations into the events, and
(E) the facts relating to the Grupo de Apoyo Mutuo.
A) General context
51.
From 1962 to 1996 an internal armed conflict took place in Guatemala that resulted
in considerable human, material, institutional and moral costs. The Historical Clarification
Commission (infra para. 55; hereinafter also “the CEH”) estimated that “more than two
hundred thousand people were killed or disappeared in the internal armed conflict.” During
this conflict, the State applied the so-called “National Security Doctrine,” based on which it
used the concept of “internal enemy,” which initially referred to the guerrilla organizations,
but gradually expanded to include “all those who identified themselves with communist
43
The Court has made a similar ruling in the following cases: Case of Chocrón Chocrón v. Venezuela.
Preliminary objection, merits, reparations and costs. Judgment of July 1, 2011. Series C No. 227, para. 38, and
Case of Contreras et al. v. El Salvador. Merits, reparations and costs. Judgment of August 31, 2011. Series C No.
232, para. 34.
44
Cf. Case of Goiburú et al. v. Paraguay. Merits, reparations and costs. Judgment of September 22, 2006.
Series C No. 153, paras. 53 and 63, and Case of the Río Negro Massacres v. Guatemala, supra, para. 55.
17