56
other human rights violations.” 195 Likewise, the psychologist Nieves Gómez Dupuis in her report
of May 5, 2010, stated that “[t]he victims and family members point out that certain people in
the municipal environment are responsible; however, they do not feel confident enough to
identify the perpetrators who live in the surrounding communities and who also participated in
the betrayal and destruction of the community. The denunciation of these people is shrouded in
silence, however, what they do insist on is that they are forced to confront them in collective
municipal spaces.” 196
181. The Court also notes that the plots belonging to members of Chichupac village and
neighboring communities have been occupied without the consent of their previous occupants
and original owners, or were sold out of necessity. Moreover, in some cases the documents
proving possession of their lands and material goods were stolen or destroyed when their homes
were burned down, preventing them from claiming their property. 197
182. In view of the foregoing, the Court understands that at present, community members
who wish to return to their lands find it materially impossible to do so, which is why they been
forced to continue in a situation of displacement. Therefore, the freedom of movement and
residence of members of Chichupac village and neighboring communities of the municipality of
Rabinal who were displaced is still limited by de facto restrictions.
B.2. Absence of measures adopted by the State to reverse the effects of displacement
183. First of all, the Court notes that at least on January 17, 1997, October 25, 2000,
November 15, 2002, July 12 and 27 and August 16, 2005, and April 7 and June 6, 2006, 198 the
persecution suffered by the communities and the displacement of their inhabitants to the
mountains and other places in the area in order to save their lives, was reported to the Public
Prosecutor’s Office. Some of these complaints provided the names of the persons who allegedly
collaborated with the National Army at that time, and reported that they were still living in the
neighboring communities of Rabinal (supra paras. 94 and 95 and infra para. 222, 227, 228, 234
and 254). Likewise, on April 27 and June 28, 1999, the Public Prosecutor’s Office was informed
that former members of the State security forces who had allegedly participated in the events
of January 8, 1982, were still stealing, raping women, killing people in the area and threatening
the inhabitants of Chichupac village, and the names of these individuals were provided (infra
para. 222). However, there is no evidence that Guatemala has implemented an effective
investigation of the violence and displacement suffered by members of Chichupac village and
neighboring communities, especially with regard to the allegation that those responsible for the
violence continue to live in the neighboring communities of Rabinal. Nor was there any
investigation into allegations that in 1999, some of the alleged perpetrators continued to steal,
Cf. Written report of the expert witness Luis Raúl Francisco Salvadó Cardoza presented during the public hearing
held on April 28, 2016 (evidence file, folios 11674 to 11676), and expert opinion of Luis Raúl Francisco Salvadó Cardoza
presented before the Inter-American Court during the public hearing on April 28, 2016.
196
Cf. Report on the harm to mental (moral) health prepared by the psychologist Nieves Gómez Dupuis on May 5,
2010, and presented to the Inter-American Commission (evidence file, folios 1319 and 1322).
197
In this regard, the expert witness Salvadó Cardoza indicated that, “his previous plot had been occupied by other
persons of the same community”, including by “people who in bad faith took advantage and are occupying their land” or
“their crop fields are being used […] by close relatives”. Thus, “many of them visit or have visited the village or hamlet
that they were forced to leave, but no longer occupy their old parcel because local people have taken possession of it or
because a close relative is using it and they are in agreement with it.” Likewise, some “who needed money [have] sold
their land […] for whatever they were offered.” Cf. Report of the expert witness Luis Raúl Francisco Salvadó Cardoza
presented during the public hearing held on April 28, 2016 (evidence file, folios 11674 to 11676), and expert opinion of
Luis Raúl Francisco Salvadó Cardoza presented to the Inter-American Court during the public hearing on April 28, 2016.
The expert witness Dupuis also stated that “the women were forced to abandon their lands or sell them at very low
prices in order to obtain some income to support their families. Cf. Report on the damage to mental (moral) health
prepared by the psychologist Nieves Gómez Dupuis on May 5, 2010 and presented to the Inter-American
Commission(evidence file, folios 1319 and 1322).
198
Cf. Complaint of June 6, 2006, filed by Miguel Chen Tahuico before the Municipal Prosecutor's Office of Rabinal, Baja
Verapaz. (evidence file, folios 1564 and 1565)
195