Members of Chichupac Village and Neighboring Communities of the Municipality of Rabinal v. Guatemala

Key Judgment

Legal Relevance

Keywords: Evidence | Children/Youth | Systemic Practice | Indigenous Peoples | Right to Know the Truth

Themes: Characteristics of the Crime | Persons and Groups Affected | Justice and Truth | Related Crimes

The Court analysed the situation of 81 persons whose enforced disappearance was alleged. It found that enforced disappearance could not be established for 59 of these persons, including due to the fact that there did not appear to have been any attempt by State agents to conceal their death, to erase all traces of the bodies to prevent their identification, to prevent their fate and whereabouts from being established, or to eliminate evidence of what happened. The Court recalled the difference between extrajudicial killings and enforced disappearances, and their nature as independent and separate human rights violations.

The Court further recognised that the population had been forcibly displaced after the events and was afraid to return due to the lack of State guarantees. This had an impact on the preservation of the ethnic and cultural identity of the community, which placed them in a situation of special vulnerability. This was exacerbated in the case of women, who were left vulnerable to further violence and who were responsible for searching for their relatives. The vulnerability of children was also exacerbated, particularly those who were born as a result of rape.