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CCPR/C/136/D/R.4023/2021-4032/2021

35 members of the K’iche’ Mayan people of the v. Guatemala

UNO-Menschenrechtsausschuss (CCPR) · 2022-10-26 · en UN

Inadmissibility decision; Subjects: CIVIL AND POLITICAL RIGHTS, GUATEMALA; [CCPR: UNO-Pakt II, Internationaler Pakt über bürgerliche und politische Rechte; Pacte international relatif aux droits civils et politiques; Patto II]

Volltext (verifizierbarer Originaltext)

GE.23-01113 (E)

Human Rights Committee

Decision adopted by the Committee under article 5 (4) of the

Optional Protocol, concerning communications

Nos. 4023/2021–4032/2021**, ***, ***

Communications submitted by:

35 members of the K’iche’ Mayan people of the

municipality of Chiché (No. 4023/2021); 9

members of the Ixil Mayan people of the

municipalities of San Gaspar Chajul and San

Juan Cotzal (No. 4024/2021); 21 members of the

K’iche’ Mayan people of the Chicabracán

community of the municipality of Santa Cruz del

Quiché (No. 4025/2021); 26 members of the

K’iche’ Mayan people of the municipality of

Uspantán (No. 4026/2021); 28 members of the

K’iche’ Mayan people of the communities of

Cantón La Montaña in the municipality of San

Pedro Jocopilas and the village of Chajbal in the

municipality of Santa Cruz del Quiché (No.

4027/2021); 4 members of the Kaqchikel Mayan

people of the municipality of San Juan Comalapa

(No. 4028/2021); 20 members of the K’iche’

Mayan people of the municipality of Santa Cruz

del Quiché (No. 4029/2021); 26 members of the

K’iche’ Mayan people of the municipality of

Chinique (No. 4030/2021); 28 members of the

K’iche’ Mayan people of the village of San

Sebastián Lemoa in the municipality of Santa

Cruz del Quiché (No. 4031/2021); 72 members

of the Kaqchikel Mayan people of the

municipality of San José Poaquil

(No. 4032/2021), all represented by Impunity

Watch

Alleged victims:

269 members of the K’iche’, Ixil and Kaqchikel

Mayan peoples

* Second reissue for technical reasons (4 September 2025).

** Adopted by the Committee at its 136th session (10 October–4 November 2022).

*** The following members of the Committee participated in the examination of the communication:

Wafaa Ashraf Moharram Bassim, Yadh Ben Achour, Arif Bulkan, Mahjoub El Haiba, Furuya

Shuichi, Carlos Gómez Martínez, Marcia V. J. Kran, Duncan Laki Muhumuza, Photini Pazartzis,

Hernán Quezada Cabrera, Vasilka Sancin, José Manuel Santos Pais, Soh Changrok, Kobauyah

Tchamdja Kpatcha, Hélène Tigroudja, Imeru Tamerat Yigezu and Gentian Zyberi.

**** The annexes are being circulated in Spanish only.

United Nations

CCPR/C/136/D/R.4023/2021-4032/2021*

International Covenant on

Civil and Political Rights

Distr.: Restricted

14 March 2023

English

Original: Spanish

CCPR/C/136/D/R.4023/2021-4032/2021

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GE.23-01113

State party:

Guatemala

Date of communications:

Between 3 September and 5 October 2021

(initial submissions)

Document references:

Decision taken pursuant to rule 92 of the

Committee’s rules of procedure, transmitted to

the State party on 13 October 2021 (not issued in

document form)

Date of adoption of decision:

26 October 2022

Subject matter:

Failure to implement agreements on reparations

for the forced displacement of Mayan peoples

during the scorched-earth policy (Nos.

4023/2021–4031/2021); executions and enforced

disappearances (Nos. 4023/2021–4032/2021)

Procedural issues:

Competence ratione temporis; competence

ratione personae; exhaustion of domestic

remedies; fourth instance

Articles of the Covenant:

2 (3), 6 (1) and (3), 7, 9, 12, 14 (1), 17, 23 and 24

Article of the Optional Protocol:

5 (2) (b)

1.1

The authors of the 10 communications1 are nationals of Guatemala and members of

various communities of the K’iche’, Ixil and Kaqchikel Mayan peoples. In the first nine

communications (Nos. 4023/2021–4031/2021), the authors claim that the State party has

violated their rights under article 12 of the Covenant, read alone and in conjunction with

articles 2 (3), 6, 7, 9, 14 (1), 17, 23 and 24. In all 10 communications, the authors claim

violations of the rights of their disappeared relatives under articles 6, 7 and 9 of the Covenant

and of their executed relatives under article 6 of the Covenant. They also claim violations of

article 7 in respect of the relatives of disappeared persons and the authors who were victims

of sexual violence. The Covenant and the Optional Protocol entered into force for the State

party on 5 August 1992 and 28 February 2001, respectively. The authors are represented by

counsel.

1.2

On 13 October 2021, in accordance with rules 92 (5) and 97 (3) of its rules of

procedure, the Committee, acting through its Special Rapporteurs on new communications

and interim measures, decided to register the 10 communications jointly because of their

legal and factual similarity,2 to request the State party to submit observations relating only to

admissibility and to consider the communications jointly.

Factual background

2.1

The authors maintain that during the internal armed conflict, from 1978 until the

signing of the Peace Agreements in 1996, the State party applied a scorched-earth policy

against the Mayan people consisting of military and paramilitary operations aimed at its

destruction. The authors point out that the Inter-American Commission on Human Rights, on

the basis of on-site visits to Guatemala and to refugee camps in Mexico, concluded that

bombings, looting, village burnings and mass killings had left most of the people affected

without any homes or land.3 The Commission to Clarify Past Human Rights Violations and

Acts of Violence that have Caused the Guatemalan Population to Suffer (Commission for

Historical Clarification) noted that between 500,000 and 1.5 million Mayan people had fled

their communities and that the only factor common to all the victims was that they belonged

1 See annex I: the authors of the 10 communications and the relatives on whose behalf the

communications were submitted.

2 The 10 communications have more points in common (context, origin of the authors, representatives,

date of submission) than differences (not all claim a violation of article 6 or article 12, for example).

3 Inter-American Commission on Human Rights, Annual Report of the Inter-American Commission on

Human Rights 1984–1985, document OEA/Ser.L/V/II.66, 1 October 1985. Available at

http://www.cidh.org/annualrep/84.85eng/toc.htm.

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GE.23-01113

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to a particular ethnic group, which indicates that these acts were committed with intent to

destroy, in whole or in part, communities of the Mayan population.4

2.2

The authors of the 10 communications belong to the K’iche’, Ixil and Kaqchikel

Mayan peoples. They are originally from the departments of Quiché and Chimaltenango and

they used to work in agriculture and animal husbandry. They are relatives of people who

were executed or disappeared during the internal armed conflict. The authors of the first nine

communications were also forced to flee their lands due to the scorched-earth policy. They

initially took refuge in the mountains and later arrived in the capital, where, in order to avoid

persecution, they abandoned their cultural practices, stopped wearing their traditional

costumes and speaking their language, and changed their identities. Even though the

persecution ended in 1996, they claim that they have survived ever since on the outskirts of

the city by carrying out informal work, in extreme poverty, and are unable to return to their

communities because their lands are occupied by former military personnel who, as a “reward”

for their activities during the conflict, took over their farms and even obtained legal title to

the unlawfully possessed property. The authors state that second- and third-generation

children born after their parents had been displaced suffer the trauma of being uprooted from

their family, cultural and social environment.

Communication No. 4023/2021: displacement of seven K’iche’ Mayan families from the

municipality of Chiché

2.3

On 1 March 1981, soldiers arrived at the home of Tomasa Rodríguez Morales de

Saquic. She and her minor daughter fled to the mountains before reaching the capital, where

they now live in extreme poverty.

2.4

In late 1981, María Xón Cuin de Guarcas saw soldiers burn down her house. She fled

to the mountains with family members, where they survived while hiding from the army for

eight years. Since moving to the capital, they have survived as street vendors in precarious

conditions.

2.5

In March 1982, soldiers arrived at the family home of Petrona Morales Lastor de

Ajtzac. The family hid in the mountains until the Peace Agreements were signed and then

moved to the capital; they were unable to return to their home because it was occupied by

former soldiers. On 3 May 2013, her husband, Miguel Ajtzac Lux, died as a result of the

extreme poverty in which they were living.

2.6

In 1982, soldiers burned the home and crops of Paulina Sut Morales’s family. They

fled to the mountains and hid there for two years. Following the deaths of some members of

the family, they fled to the capital, where they have been surviving in precarious conditions

ever since.

2.7

In 1982, soldiers burned Dominga Tecum Xirum’s home and crops. The family hid in

the mountains, where her husband died of malnutrition. Since then, she and her son and

granddaughters have been living in the capital city in extreme poverty.

2.8

In 1982, soldiers burned the house, crops and animals belonging to Diego Morales

Saquic’s family. They escaped to the mountains, where his father and two of his children

died. He subsequently fled to the capital city, where he and his children and grandchildren

survive in precarious conditions.

2.9

In 1983, following a massacre in the community, Maria Lastor Tol’s family fled and

hid in the mountains for two years. As a result of the lack of shelter and food, one of her

daughters and her father died. In 1985, they managed to move to the capital, where they have

been working in the informal economy ever since. In 2019, her husband, Tomás Morales

Saquic, died as a result of living in extreme poverty.

4 United Nations Office for Project Services, Commission for Historical Clarification, Guatemala:

Memoria del Silencio (Guatemala: Memory of Silence), 1999, vol. IV, chap. III, para. 4194, and

chap. IV, para. 111.

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GE.23-01113

Communication No. 4024/2021: displacement of two Ixil Mayan families from the

municipalities of San Gaspar Chajul and San Juan Cotzal

2.10

On 28 August 1977, Miguel Sanic Itzep, a member of a cooperative, was arrested by

soldiers and tortured for 24 days. When he was able to escape, he fled to Mexico. In 1980,

his family fled to the mountains when their village was destroyed and burned. In 1984, they

were reunited in the capital, where they currently live in precarious conditions.

2.11

In 1985, soldiers executed Ana Gómez Aguilar’s father-in-law. She fled with her

husband and children to the capital, where they still live in extreme poverty.

Communication No. 4025/2021: enforced disappearances and displacement of four K’iche’

Mayan families from the Chicabracán community in the municipality of Santa Cruz del

Quiché

2.12

In 1980, Salvador Ventura López fled with his wife and daughter after being warned

that soldiers had been ordered to disappear him. On 12 August 1982, his father, Santos

Ventura Chich, was disappeared by soldiers.

2.13

In early 1980, the husband of Manuela Ventura Tiño de González, Miguel González

López, was disappeared by soldiers. The family took refuge in the mountains, where they

remained for three years before moving to the capital.

2.14

On 12 August 1982, Sebastiana Cun López’s family fled the community after soldiers

had raped her and tortured her husband before disappearing him.

2.15

In 1982, Manuel Gómez Osorio’s family fled their community and moved to the

capital, where they continue to survive as vendors on the informal market.

Communication No. 4026/2021: enforced disappearances, extrajudicial executions and

displacement of four K’iche’ Mayan families from the municipality of Uspantán

2.16

In 1980, Miguel León Aguaré’s father was disappeared by soldiers. He was 3 years

old when he escaped to the mountains with his family, where his sister Marta León Aguaré

died of malnutrition. Four years later, they moved to the outskirts of the capital. He suffers

from transgenerational trauma. He married a Mayan woman who was also displaced. Their

three children are third-generation displaced children.

2.17

In April 1981, when his parents were executed, Julián Vicente Velásquez fled with

his family to the mountains, where his son died as a result of persecution and malnutrition.

The rest of the family are currently surviving in the capital.

2.18

In April 1981, Juan Petronilo Vicente Velásquez’s family fled to the mountains when

the army entered their village. They remained there for three years and María Martina Vicente

León, one of his daughters, died there of malnutrition.

2.19

On 14 February 1982, Juliana Socoy Car and her husband fled to the mountains after

soldiers raided their village and indiscriminately fired at the inhabitants. They hid for three

years before moving to the capital.

Communication No. 4027/2021: enforced disappearances, extrajudicial executions and

displacement of six K’iche’ Mayan families from the municipalities of San Pedro Jocopilas

and Santa Cruz del Quiché

2.20

In 1981, when soldiers arrested members of her family and killed her brother,

Francisca Osorio Lucas de Pacheco fled to the mountains. She currently survives in the

capital by selling vegetables and tortillas.

2.21

On 12 June 1982, Juana Vicente López was working in her cornfields when she saw

soldiers taking away her father. She and some relatives fled to the capital, where she works

as a house cleaner.

2.22

On 27 August 1982, soldiers arrived at the home of María Antonia Velásquez Pérez

de Mejía and killed several of her relatives. The rest of the family escaped to the capital city,

where they work as street vendors. On 31 October 2017, her mother, Andrea Pérez Ixcoy

Reynozo, died as a result of living in extreme poverty.

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GE.23-01113

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2.23

On 29 November 1982, Félix Enrique Velásquez Mejía was 5 years old when his

father was killed; he fled to the capital with a brother.

2.24

In March 1983, soldiers captured Rosa Vicente López’s husband, tortured him and

killed him. In her eighth month of pregnancy, she fled to the mountains, where she gave birth

a few days later. She and her daughter currently survive in the capital by working in the

informal economy.

2.25

In October 1983, soldiers captured one of Victoriana Mejía Tax’s children; she

decided to flee to the capital with the rest of her family. In March 1984, two more of her

children were disappeared by soldiers in the capital.

Communication No. 4028/2021: enforced disappearances and displacement of a Kaqchikel

Mayan family from the village of Simajhuleu in the municipality of San Juan Comalapa

2.26

In early 1980, Eulogio Otzoy Colaj was working in his cornfields when his sons, one

of whom was a minor, were disappeared by soldiers. He fled to the capital with his daughter,

where they survive on charity.

Communication No. 4029/2021: enforced disappearances and displacement of five K’iche’

Mayan families from the municipality of Santa Cruz del Quiché

2.27

In August 1979, upon learning that their names were on an army blacklist, Marta

Zacarías Laines and her family fled to the capital, where her husband and son were

disappeared on 20 September 1981 and 29 July 1982, respectively.

2.28

On 22 October 1981, when soldiers captured her husband, Rosario Poncio Ambrosio

fled with her children to the mountains, where they stayed for six months before moving to

the capital. They continue working in the informal economy in order to survive.

2.29

In early 1982, when the army arrived in her village, Anselma Coxaj Lux and her

family took refuge in the mountains, where her husband and brother were eventually captured

by the army. She and her minor children fled to the capital, where they had to steal vegetables

to feed themselves.

2.30

On 9 January 1982, when Cristina Lux Medrano was 9 years old, her grandfather was

dragged to death by soldiers and her grandmother was raped in front of her. After fleeing

with her family, she spent eight months in the mountains before moving to the capital, where,

on 2 July 2020, her mother, Micaela Medrano López, died as a result of living in extreme

poverty.

2.31

In February 1982, Sebastiana López Ventura was arrested; she was then raped and

tortured for five months. As a result of being raped, she gave birth to a daughter. She managed

to flee to the capital, where she survives by eating food scraps that she finds in rubbish bins.

Communication No. 4030/2021: enforced disappearances, extrajudicial executions and

displacement of five K’iche’ Mayan families from the municipality of Chinique

2.32

In late 1981, two of Nicolás Quinilla Quinilla’s minor sons died in the mountains from

malnutrition, while his third son, who was 15 years of age, was executed for refusing to join

the Civilian Self-Defence Patrol. In September 1982, he and his wife fled to the capital.

2.33

On 5 March 1982, 17-year-old Juana Tipaz González de Ventura had to leave her

home with her family when the army set fire to their house. They crossed the mountains to

reach the capital, where her father died in 1983. Her first husband, Ignacio Chaperón, was

disappeared on 22 October 1984.

2.34

Also on 5 March 1982, Catalina Vicenta López y López and her family escaped to the

mountains when soldiers burned their house and crops. They remained in hiding until October

1983, when they fled to the capital.

2.35

Also on 5 March 1982, soldiers executed the husband of Candelaria Vásquez Us and

burned her home and crops. The family moved to the capital in November 1982.

2.36

Felipa Tipaz Us and her family also fled in late 1982. They are currently surviving in

the capital.

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GE.23-01113

Communication No. 4031/2021: enforced disappearances, extrajudicial executions and

displacement of nine K’iche’ Mayan families from the village of San Sebastián Lemoa in

the municipality of Santa Cruz del Quiché

2.37

In early 1980, soldiers raped 17-year-old Dolores Ventura. Her father was disappeared

in 1981 and her 16-year-old brother in 1982. She and the rest of her family fled to the capital,

where they live in extreme poverty. In 2020, her husband, Francisco Cun López, died as a

result of living in extreme poverty.

2.38

In early 1980, Anastacia González Tipáz and her family fled to the mountains when

their home was burned down. They subsequently moved to the capital.

2.39

Encarnación Ventura Lux de Gorge fled to the mountains with her children after

soldiers had tortured and beheaded her husband. They took refuge in the capital, where they

are living in extreme poverty.

2.40

In early 1982, when one of her daughters was executed, Anastacia Loarca moved to

the capital. On 22 January 2013, she died there as a result of living in extreme poverty.

2.41

In 1982, when the army executed her 15-year-old sister, Cecilia López Loarca fled to

the mountains with her surviving relatives.

2.42

In October 1982, María Ren Yá de Ventura fled with relatives when the army burned

down her home and disappeared her husband.

2.43

In October 1983, María Gómez de León fled to the capital, where she has managed to

survive in extreme poverty by working in the informal economy.

2.44

On 10 September 1984, Dolores López de Ren and her three daughters fled to the

capital when her husband was executed.

2.45

In 1984, Agapito Ventura González, his wife and their 10 children fled to the capital

when the army burned their home and crops. They survived on food waste before finding

informal work.

Communication No. 4032/2021: enforced disappearances and extrajudicial executions of

13 Kaqchikel Mayan families from the municipality of San José Poaquil

2.46

On 24 January 1981, Ignacio Tartón Chalí was arrested by officers of the National

Police. His wife was later able to identify his body. His eyes had been gouged out.

2.47

Josefa Muchuch Ordóñez’s husband, Paulino Jutzuy Chutá, was captured on 27

November 1981. Her brother-in-law, León Jutzuy Chutá, was subsequently arrested. In

February 2001, the Guatemalan Forensic Anthropology Foundation found the remains of

both men.

2.48

On 2 December 1981, Hilario Martín Muchuch Ordóñez was arrested by soldiers. His

remains have not yet been found.

2.49

On 5 March 1982, Juan Sirín Calí was arrested by soldiers. In 2001, the Guatemalan

Forensic Anthropology Foundation identified his remains.

2.50

On 7 March 1982, Abraham Chutá Quiná was arrested by soldiers. His family stopped

searching for him when they received death threats. His whereabouts are still unknown.

2.51

On 13 April 1982, Ceferino Telón Cúmez was arrested by soldiers and his

whereabouts are still unknown.

2.52

On 15 April 1982, Felipe Oxí Morales was arrested by soldiers and his whereabouts

are still unknown.

2.53

On 6 October 1982, Hilario Cun Calí was executed and his body was identified days

later. His brother, Fermín Cun Calí, was executed on 30 June 1985.

2.54

On 27 March 1984, 26 June 1984, 8 September 1984 and 5 April 1987, Ismael Oxí

Asijtuj, Bibiano Xon, Gabriel López Simón, Benigno López Simón and Juan Oxí Ortiz were

arrested by soldiers. Their whereabouts are still unknown.

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GE.23-01113

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Commitments made by the State party, before and after the entry into force of the Optional

Protocol, to provide reparations to victims of the internal armed conflict

2.55

In 1996, when the Peace Agreements were signed, the State party recognized the need

to provide reparations for the grave human rights violations committed against the Mayan

people, and accordingly concluded the Comprehensive Agreement on Human Rights, the

Agreement on Resettlement of the Population Groups Uprooted by the Armed Conflict and

the Agreement on the Establishment of the Commission to Clarify Past Human Rights

Violations and Acts of Violence that have Caused the Guatemalan Population to Suffer. In

1997, the Peace Secretariat was established to implement reparations programmes in

accordance with the recommendations of the Commission for Historical Clarification.

2.56

On 9 April and 7 May 2003, Government Orders No. 235-2003 and No. 258-2003

established the National Reparations Programme, under the coordination of the National

Reparations Commission, with both the Programme and the Commission being attached to

the Peace Secretariat. The human rights violations and crimes against humanity for which

reparations were to be provided were: (a) enforced disappearance, (b) extrajudicial execution,

(c) physical and mental torture, (d) forced displacement, (e) forced recruitment of minors, (f)

sexual violence, (g) violations against children, (h) massacres and (i) other violations.5

Applications for reparations submitted by the authors of the 10 communications to the

National Reparations Programme and the reparations agreement concluded with the

authors of communications Nos. 4023/2021–4031/2021

2.57

The authors state that, owing to threats made against them, they have been unable to

pursue judicial remedies in relation to the violations suffered. Together with other victims,

they established the Asociación Movimiento Nacional de Víctimas del Conflicto Armado

Interno de Guatemala, Q’anil Tinamit, which empowered them to file administrative appeals

with the National Reparations Programme. The Programme was set up specifically by the

State party to provide reparations to victims of the armed conflict.

2.58

On 24 and 25 August 2005, the authors of communication No. 4032/2021 submitted

applications for financial redress under the National Reparations Programme for the enforced

disappearance and execution of their relatives.6

2.59

In January 2009, the authors of communications Nos. 4023/2021–4031/2021

submitted applications for reparations under the National Reparations Programme, stating

that their relatives had been tortured, executed or disappeared, that they had suffered acts of

cultural destruction and that they had since been abandoned to their fate in the slums of the

capital. By way of reparation, they specifically requested land and housing as a means of

ending their forced displacement.

2.60

On 22 June 2009, the National Fund for Peace, the Peace Secretariat and the National

Reparations Programme signed inter-agency cooperation agreement CCI-9-2009, which

provided for the construction of 1,646 homes, at a unit cost of 48,000 quetzales (Q), and

seven mausoleums and monuments. On 18 November 2009, they signed an addendum

increasing the number of houses to 2,372 and lowering the unit cost to Q 35,000. The deadline

for the construction of the housing units was one year, in recognition of the fact that the

restitution of housing as a measure of redress is also a way of combating extreme poverty.

2.61

On 31 May 2011, by a collective decision on material reparation (legal decision DAJ-

141-2011), the Legal Affairs Directorate of the National Reparations Programme recognized

the authors of communications Nos. 4023/2021–4031/2021 as victims of the “crime against

humanity” of forced displacement. The decision affirmed that “surviving in a hostile

environment, with no food or shelter, and with young children and older persons to look after,

became a gargantuan task. The authors’ day-to-day insecurity and the psychological impact

5 Government Order No. 258-2003 of 7 May 2003, as amended, Establishment of the National

Reparations Programme, art. 2.

6 Cases Nos. 03-02-00044/03-02-00062/03-02-00093/03-02-00168/03-02-00097/03-02-00217/03-02-

00549/03-02-00067/03-02-00034/03-02-00077/03-02-00118/03-02-00037/03-02-00039.

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GE.23-01113

of the violence they had suffered made many of them ill, and the most vulnerable among

them died”.

2.62

On 6 June 2011, the National Reparations Commission issued decision

CNR-RM-10-2011, which assigned plots of land to the authors in the municipality of San

Juan Sacatepéquez and established that the housing to be built would have drinking water,

electricity, drains and public lighting. The decision also stated that the authors’ lives in the

capital had, “to date, been lived in conditions that violate human dignity”.

2.63

On 14 October 2011, public deeds granting each family its plot of land were issued.

To date, however, the authors remain displaced on the outskirts of the capital because the

State party has not fulfilled its commitment to build the houses, as set out in decision

CNR-RM-10-2011.

2.64

On 22 July 2015, the Q’anil Tinamit association, the National Reparations

Commission and the National Reparations Programme signed an institutional commitment

to provide comprehensive reparations, pursuant to which the National Reparations

Programme undertook to uphold the principle of non-impairment of rights to redress, subject

to the availability of financial resources. The commitment provides for the allocation of

Q 300 million per year for this purpose.

Appeals against the stoppage of reparation measures

2.65

In view of the failure to build the houses, the authors of communications

Nos. 4023/2021–4031/2021 submitted dozens of requests for meetings with different

agencies of the State party, claiming that they had not received reparation in accordance with

the signed agreements. These requests all went unanswered.

2.66

In July 2016, pursuant to article 25 of the Amparo, Habeas Corpus and

Constitutionality Act, which empowers the Human Rights Advocate to take action on behalf

of indeterminate victims and indigent persons, the Advocate filed an application for amparo

against the National Reparations Commission for the stoppage of reparation measures. The

authors of the 10 communications, acting through the Q’anil Tinamit association, participated

as interested third parties.

2.67

On 23 November 2016, the Amparo Court found the application admissible, stating

that “although it is true that the State has recognized the right of the victims of the armed

conflict to reparation … and that the obligations undertaken by the State of Guatemala in the

Peace Agreements … are in force and must be fulfilled by the respondent authority, it is also

true that government institutions need the necessary budget to carry out their functions …

and that the evidence provided indicates that the budgetary allocation has been significantly

reduced”. The Court ordered the National Reparations Commission to “take the necessary

administrative and financial steps, within 30 days, … to fulfil each of the objectives of the

National Reparations Programme so that it can continue to assist the victims of the internal

armed conflict, for whom it was established”.7

2.68

The National Reparations Commission filed an appeal but it was rejected by the

Constitutional Court on 17 January 2019. The Constitutional Court found that, as the State

party is under an obligation to provide redress to victims, “no claim or administrative

difficulty may be invoked to justify the failure to honour that commitment. It is the State’s

responsibility to provide such compensation through the Programme and to finance it and

ensure its effectiveness.” The Constitutional Court therefore instructed the National

Reparations Commission to inform the Amparo Court of the measures that it had taken and

the results obtained.8

2.69

On 1 May 2019, the National Reparations Commission informed the Amparo Court

that it had fulfilled, and would continue to fulfil, the primary purpose for which the National

Reparations Programme had been established. The authors state that the National Reparations

Commission has done no more than request funds from Congress but has not implemented

the budget. When the Human Rights Advocate requested the enforcement of the amparo

7 Case No. 01050-2016-00589.

8 Case No. 6238-2016.

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ruling, the Amparo Court denied the request, stating that the measures ordered by the

Constitutional Court had been taken. However, the authors argue that the only part of the

ruling that was implemented was the order to report on the steps taken. The essential part of

the amparo ruling, which was the order requiring the National Reparations Commission to

carry out the reparation obligations set out in the National Reparations Programme, was not

implemented.

2.70

The authors state that, in 2020, the State party took steps to shut down the National

Reparations Programme, dismissing staff, failing to renew staff contracts and closing

regional headquarters. The President of the Republic announced that the resources that would

no longer be earmarked for reparations would be used to provide food for 200,000 children.9

On 19 April 2020, the Q’anil Tinamit association, acting on behalf of the authors of the 10

communications, who were personally and directly affected by the threatened closure of the

National Reparations Programme, submitted a preventive amparo application to the

Constitutional Court with a view to preventing the President of the Republic from shutting

down the Peace Secretariat and the Programme. Citing article 2 (3) of the Covenant, it alleged

that the threatened closures violated the authors’ rights to justice and reparation.10

2.71

However, the President of the Republic, by Government Order No. 98-2020 of 30 July

2020, ordered the closure of the Peace Secretariat and the attachment of the National

Reparations Programme to the Ministry of Social Development. On 19 July 2021, the

preventive amparo application was dismissed, as it had become moot. The authors of

communications Nos. 4023/2021–4031/2021 claim that this development has precluded any

chance that the reparation measures agreed with them will be implemented. The authors of

communication No. 4032/2021 state that their claims for financial redress for the enforced

disappearance and extrajudicial execution of their relatives had still been pending when the

Peace Secretariat was shut down.

Complaint

3.1

The authors claim that they have exhausted domestic remedies, as they have filed

applications for amparo in connection with the failure to take action under the National

Reparations Programme and the closure of the Peace Secretariat.

3.2

The authors claim that the Committee has competence ratione temporis to consider

the communications. They point out that the Covenant and the Optional Protocol entered into

force for the State party on 5 August 1992 and on 28 February 2001, respectively. The authors

recall that a continuing violation is to be interpreted as an affirmation of previous violations

after the entry into force of the Optional Protocol. In this connection, the authors of

communications Nos. 4023/2021–4031/2021 claim that their forced displacement began

before the Optional Protocol entered into force but continues today because the affected

persons cannot return to their communities and have not been resettled. They point out that,

according to the Guiding Principles on Internal Displacement, States have the duty to allow

internally displaced persons to return voluntarily, in safety and with dignity, to their homes

or to resettle voluntarily in another part of the country. They also recall that, in other cases

involving Guatemala, the Inter-American Court of Human Rights has noted the continuing

nature of the illegal occupation of land belonging to victims of forced displacement.11 In

addition, the authors of the 10 communications claim that, while the enforced disappearances

began before the entry into force of the Optional Protocol, they are continuing because the

victims’ remains have not been found. With regard to instantaneous violations, such as

extrajudicial executions, the authors argue that, although the acts took place before the entry

into force of the Optional Protocol, the obligation to investigate them remains. Lastly, the

authors argue that, on 10 May 2013, after the Optional Protocol had entered into force, the

9 See https://republica.gt/guatemala/2020-4-2-5-14-50-presidente-anuncia-el-cierre-de-la-sepaz-y-

secretaria-de-asuntos-agrarios.

10 Case No. 1762-2020.

11 Case of the Río Negro Massacres v. Guatemala, judgment of 4 September 2012; Case of Chitay Nech

et al. v. Guatemala, judgment of 25 May 2010; and Case of the Members of Chichupac Village and

Neighboring Communities of the Municipality of Rabinal v. Guatemala, judgment of 30 November

2016.

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State party recognized the facts by handing down a judgment convicting the former dictator

Ríos Montt of genocide against the Ixil Mayan people.12

3.3

With regard to the merits, the authors of the first nine communications

(Nos. 4023/2021–4031/2021) first claim a violation of article 12 of the Covenant, read alone,

as they were forced to flee their lands as a consequence of the scorched-earth policy. They

recall that, according to paragraph 7 of the Committee’s general comment No. 27 (1999),

article 12 of the Covenant also provides for “protection against all forms of forced internal

displacement”, and that the Guiding Principles on Internal Displacement are applicable to

displacement based on policies of apartheid or ethnic cleansing aimed at altering the ethnic

composition of the affected population. Although the State party acknowledged in the

reparations agreement that these authors are victims of forced displacement, it has not yet

resettled them and their original lands are still occupied by former military personnel.

3.4

The authors also argue that forced displacement, being a violation of multiple human

rights, is an issue that transcends the protection provided for by article 12. It also has a severe

psychological impact and involves loss of land and housing, marginalization, unemployment,

impoverishment, deterioration of living conditions entailing an increased risk of illness and

mortality, and social dislocation. Therefore, they claim a violation of article 12 of the

Covenant, read in conjunction with articles 6, 7, 9, 17, 23 and 24.

3.5

With regard to the violation of article 12 of the Covenant, read in conjunction with

article 6, the authors state: (a) that these displacements were caused by a State policy of

genocide; that the Committee, in relation to article 6 (3) of the Covenant, reminds all States

parties that are also parties to the Convention on the Prevention and Punishment of the Crime

of Genocide of their obligation to punish this crime;13 and that the extremely precarious

conditions in which the authors continue to live are bringing about the destruction of part of

the group; and (b) that some of their family members died as a result of the extreme poverty

caused by displacement, both before14 and after15 the Optional Protocol entered into force,

and that these deaths are therefore attributable to the State party.

3.6

With regard to the violation of article 12 of the Covenant, read in conjunction with

article 7, the authors state that not only do they survive by means of activities that fail to

provide them with a decent living, but they also suffer from serious psychosomatic illnesses

as a result of being uprooted, yet the State party refuses to implement a programme to provide

psychosocial and medical care.

3.7

Regarding the violation of article 12 of the Covenant, read in conjunction with

article 9, the authors state that the right to security of person is one of the key elements of

measures to restore the rights of displaced populations and that the right to return depends on

three fundamental elements – legal, physical and material security – that are lacking in their

case.

3.8

Regarding the violation of article 12 of the Covenant, read in conjunction with article

17, the authors point out that their homes and crops were destroyed and that being uprooted

from their territories had a particular impact on them because they are Indigenous.

3.9

With regard to the violation of article 12 of the Covenant, read in conjunction with

article 23, the authors note that the constant persecution of their families led to the break-up

of the family unit and that family bonds have a special significance for Indigenous Peoples.

They note that, according to international case law, forced displacement gives rise to State

responsibility for violating the right to family life16 insofar as it entails the break-up of the

family unit.

12 The Constitutional Court of Guatemala nonetheless overturned that judgment and subsequently

dismissed the case upon the death of the accused.

13 General comment No. 36 (2018), para. 39.

14 See the list drawn up by the Committee, annex II.

15 See the list drawn up by the Committee, annex III.

16 Inter-American Court of Human Rights, Case of Yarce et al. v. Colombia, judgment of 22 November

2016, para. 247.

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3.10

With regard to the violation of article 12 of the Covenant, read in conjunction with

article 24, the authors note that displaced children, including those who were children when

they fled, those who were born displaced17 and third-generation children born displaced who

are still minors today,18 suffer from transgenerational harm and live in a culture that is alien

to their Mayan culture, with a consequent loss of identity, cultural uprooting and destruction

of the social and community fabric.

3.11

In addition, the authors of the 10 communications claim: (a) a violation of article 6 of

the Covenant in respect of their executed relatives;19 (b) violations of articles 6, 7 and 9 in

respect of their disappeared relatives;20 and (c) a violation of article 7 in respect of the

relatives of the disappeared,21 who have suffered the anguish of not knowing the whereabouts

of their loved ones, and in respect of the authors who were victims of rape.22

3.12

The authors of the 10 communications also claim violations of article 14 (1) of the

Covenant, read in conjunction with article 2 (3), on the grounds that no criminal investigation

into the facts has been carried out ex officio, in violation of their right to truth and justice,

and article 2 (3) (c), on the grounds that decisions recognizing rights have not been enforced,

because: (a) the amparo ruling ordering the National Reparations Commission to fulfil the

reparation obligations established under the National Reparations Programme has not been

implemented, even though the Amparo Court had the means by which to ensure compliance

with the obligation, given that article 55 of the Amparo Act provides that “in order to ensure

the implementation of rulings issued in amparo proceedings, the Court, on its own motion or

at the request of a party, shall take every possible measure to ensure compliance with the

ruling”, and (b) the State party has also failed to implement decision CNR-RM-10-2011, by

which it undertook to build housing for the authors of the first nine communications as

redress for their continuing forced displacement.

3.13

Lastly, the authors request the Committee to instruct the State party to: (a) investigate

the facts and prosecute the persons responsible; (b) provide them with adequate compensation

for the harm that they have suffered; (c) ensure the proper functioning of the National

Reparations Programme; and (d) in respect of the first nine communications, protect the

authors’ security of person so that, if they so wish, they can return to their communities of

origin and regain the lands that were illegally taken from them.

State party’s observations on admissibility

4.1

On 14 December 2021, the State party noted that, in the present cases, the dispute

revolves around the National Reparations Programme. It points out that the Programme has

not ceased to operate but is now being run by the Ministry of Social Development rather than

the Peace Secretariat. The unit responsible for the Social Development Fund, taking into

account the State party’s available funds, budgeted Q 13,512,623 for the provision of services

to the victims of the conflict for the 2022 financial year. According to the State party, it

recognized in the Peace Agreements that the people of Guatemala have the right to know the

whole truth about the human rights violations that occurred during the internal armed conflict

but “the road to reparations is long”.

4.2

The State party argues that the Committee lacks competence ratione temporis to

examine the facts, as the Optional Protocol entered into force for Guatemala on 28 February

2001, no act has been committed that would justify characterizing the displacements as

continuing and there is no obligation to investigate previous executions because, as the

Committee rightly stated in its decision on the case of K.K. et al. v. Russian Federation,23 a

continuing procedural obligation to investigate violations that occurred before the entry into

force of the Covenant derives from a substantive obligation only if the status of the alleged

17 See the list drawn up by the Committee, annex IV.

18 See the list drawn up by the Committee, annex V.

19 See the list drawn up by the Committee, annex VI.

20 See the list drawn up by the Committee, annex VII.

21 See the list drawn up by the Committee, annex VIII.

22 See the list drawn up by the Committee, annex IX.

23 CCPR/C/127/D/2912/2016, para. 6.4.

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12

GE.23-01113

victim as a victim has been acknowledged, which is not the case in respect of the present

communications.

4.3

The State party also argues that the Committee also lacks competence ratione

personae in relation to persons who had not yet been born at the time of the events.

4.4

The State party further argues that the communications should be declared

inadmissible for failure to exhaust domestic remedies in relation to: (a) the allegation that the

authors were unable to return to their communities, given that the authors did not file, within

the established time period of one year from the time they had fled, an application for a

summary procedure to halt the dispossession, which is the appropriate way to claim the right

to property; (b) the lack of reparations, as the application for amparo was related to the

general failure to implement the National Reparations Programme, with no specific

allegation being made in relation to the properties granted to the authors; (c) enforced

disappearances, since the authors filed petitions for habeas corpus, a remedy intended to

protect individual liberty, in only one case24 and, when this was unsuccessful, did not request

a special inquiry procedure; and (d) the closure of the Peace Secretariat, given that the

appropriate remedy was not an application for amparo but an application for constitutional

review, which the authors have not initiated.

4.5

Lastly, the State party argues that the communications seek a review at fourth instance

of both the decision denying the enforcement request in respect of the amparo ruling, on the

grounds that the measures ordered by the Constitutional Court had been taken (see para. 2.69),

and the decision ordering the dismissal of the application for amparo to prevent the closure

of the Peace Secretariat, on the grounds that the application had become moot (see para. 2.71).

Authors’ comments on the State party’s observations on admissibility

5.1

On 15 February 2022, the authors noted that the State party had acknowledged its

responsibility in several ways, including: (a) in the report issued by the Commission for

Historical Clarification in 1999; (b) by establishing the National Reparations Programme in

2003; (c) in inter-agency agreement CCI-9-2009 of 2009, recognizing the authors of

communications Nos. 4023/2021–4031/2021 as victims of forced displacement; (d) by

issuing public deeds granting the authors land by way of reparation; and (e) in its observations,

in which it recalls that the Guatemalan people have the right to know the whole truth and that

the present cases revolve around reparations. The authors argue that, by virtue of the principle

of estoppel, the State party cannot deny that the violations were perpetrated or that it has

obligations under the reparations agreements concluded with them. They further note that the

State party did not explain why it has not met its obligation to build housing.

5.2

The authors note that when the National Reparations Programme was established, it

was expected to receive a budget of Q 300 million per year. However, it had a budget of only

Q 40 million in 2018 (of which only 86 per cent was executed), Q 40 million in 2019 (of

which only 78 per cent was executed) and Q 40 million in 2020 (of which only 32 per cent

was executed). They maintain that the budget of Q 13 million announced for 2022 (see

para. 4.1) is not in line with what has been agreed. They recall that the Committee itself, in

its concluding observations of 2018, expressed concern about the reduced budget and the

small number of reparation orders issued.25

5.3

Basing their argument on the Committee’s jurisprudence,26 the authors maintain that

the violations are persistent and ongoing, as: (a) no returns or resettlements have taken place

in connection with the first nine communications; (b) enforced disappearances are continuing

violations for as long as the victims’ remains are not found; (c) the facts have not been

investigated; and (d) they have not received full reparation.

5.4

With regard to the continuing nature of the displacements, the authors recall that

several international rulings have already noted that Mayan peoples displaced from their

communities by the internal armed conflict have still not been able to return to their homes

24 On behalf of Benigno López Simón (family No. 12 of communication No. 4032/2021), case

No. 01073-1985-00783 before Collegial Criminal Court of First Instance No. 9.

25 CCPR/C/GTM/CO/4, para. 18.

26 Quliyev v. Azerbaijan CCPR/C/112/D/1972/2010 and CCPR/C/112/D/1972/2010/Corr.1), para. 8.3.

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and that such violations are therefore ongoing.27 The authors also recall that, according to the

Representative of the Secretary-General on the human rights of internally displaced persons,

the needs of such persons do not automatically disappear when a conflict ends or when they

initially find safety. Rather, they “usually face continuing problems, requiring support until

they achieve a durable solution to their displacement”. This solution includes safety, an

adequate standard of living, access to livelihoods, restitution of housing, family reunification

and access to justice.28

5.5

With regard to the continuing obligation to investigate extrajudicial killings and

enforced disappearances, the authors recall that, according to paragraph 18 of the

Committee’s general comment No. 31 (2004), failure to bring to justice perpetrators of such

violations could amount to a breach of the Covenant. The authors also recall that acts of

genocide are imprescriptible and that, as reaffirmed by the Inter-American Court of Human

Rights, the State has an obligation to investigate them, given that at least since 1999, when

the Commission for Historical Clarification published its final report, the State “had

knowledge that the acts committed in this case were possibly motivated by racist ideas and/or

constituted acts of genocide”.29

5.6

With regard to the question of competence ratione personae, the authors reiterate that

children born into a situation of ongoing displacement, outside their community setting, are

severely affected by the loss of their culture, language and traditions and are deprived of

education and health by the extreme poverty of their displaced parents. They also suffer

transgenerational trauma caused by the violence experienced by their parents.30

5.7

With regard to the exhaustion of domestic remedies, the authors maintain that: (a) a

summary procedure to halt dispossession would not have been appropriate or effective under

the military dictatorship; (b) during the time they were being persecuted, it would not have

been feasible to file an application for a writ of habeas corpus in respect of the enforced

disappearances, given the risk of reprisals; and (c) with regard to the appropriateness of

applying for constitutional review rather than for amparo in connection with the closure of

the Peace Secretariat, they state that the Constitutional Court does not enjoy the guarantees

of independence and impartiality required to ensure due process of law.31

5.8

The authors also state that they are not seeking to have any decisions reviewed but to

demonstrate that the amparo ruling has not been enforced, as the National Reparations

Commission was not obliged to take the necessary steps to give effect to the reparations

agreements. They add that it is not enough to formally declare the existence of a remedy or

to issue a judgment setting out rights and obligations.32 In this regard, article 2 (3) (c) of the

Covenant provides that the competent authorities must enforce remedies when granted, but

the Amparo Court has not done so despite having had the means by which to ensure

compliance with the obligation (see para. 3.12).

5.9

Furthermore, the application for amparo that was filed to prevent the closure of the

Peace Secretariat had no effect. The Constitutional Court had four months in which to order

the President of the Republic to refrain from closing the Peace Secretariat and to give

continuity to the National Reparations Programme but failed to rule on the matter and, on

27 Inter-American Court of Human Rights, Case of the Río Negro Massacres v. Guatemala, para. 178;

and Case of the Moiwana Community v. Suriname, judgment of 15 June 2005, para. 108, finding that

the Court had jurisdiction because the displacement constituted a situation that persisted after the

State had recognized the Court’s jurisdiction.

28 A/HRC/13/21/Add.4.

29 Inter-American Court of Human Rights, Case of the Members of Chichupac Village and Neighboring

Communities of the Municipality of Rabinal v. Guatemala, para. 255.

30 Brisa Varela, “Los desplazamientos forzados y la desterritorialización como experiencia traumática

personal y transgeneracional”, (Forced displacement and uprooting as experiences of personal and

transgenerational trauma), Iztapalapa. Revista de Ciencias Sociales y Humanidades, vol. 35, No. 76

(January–June 2014), available at https://doi.org/10.28928/ri/762014/atc3/varelab.

31 The authors refer to the press release issued by the Special Rapporteur on the independence of judges

and lawyers on 19 April 2021, available at https://www.ohchr.org/en/press-

releases/2021/04/guatemala-un-expert-deeply-concerned-congress-refusal-reappoint-top-judge.

32 Inter-American Court of Human Rights, Case of Baena-Ricardo et al. v. Panama, judgment of 28

November 2003, para. 82.

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19 July 2021, declared the application moot because the act that it had been intended to

prevent had already taken place.

State party’s additional observations

6.

On 18 August 2022, the State party restated its arguments on admissibility, specifying

that the failure to apply for a summary procedure to halt dispossession demonstrates that the

authors were not the owners of the property they had inhabited and that the true owners

currently possess the property lawfully. It also argued that its statement to the effect that the

Guatemalan people have the right to know the truth does not identify any of the authors of

the present communications and therefore is not an acknowledgment of responsibility that

would obviate the need to determine admissibility.

Issues and proceedings before the Committee

Consideration of admissibility

7.1

Before considering any claim contained in a communication, the Committee must

decide, in accordance with rule 97 of its rules of procedure, whether the communication is

admissible under the Optional Protocol.

7.2

The Committee has ascertained, as required under article 5 (2) (a) of the Optional

Protocol, that the same matter is not being examined under another procedure of international

investigation or settlement.

7.3

The Committee notes the State party’s argument that it lacks competence ratione

temporis because the acts on which the alleged violations are based occurred before the

Optional Protocol entered into force for the State party, no subsequent acts have been

committed that would justify characterizing the displacements as continuing and there is no

obligation to investigate previous executions. The Committee also notes the authors’

arguments that: (a) the forced displacements are persistent and ongoing, as no returns or

resettlements have taken place; (b) the enforced disappearances are ongoing, as the victims’

remains have not been found; (c) the State party has an ongoing obligation to investigate the

facts; and (d) the Committee is competent to examine the alleged violations, given that the

State party recognized them by issuing a judgment in 2013 convicting former dictator

Ríos Montt of acts of genocide.33

7.4

The Committee recalls its jurisprudence to the effect that “alleged violations of the

Covenant which occurred before the entry into force of the Optional Protocol for a given

State party may be examined by the Committee if those violations continue after that date or

continue to have effects which in themselves constitute a violation of the Covenant”,34 or if

the State party affirms such a violation.35

7.5

The Committee must determine whether the criteria set out in the above-mentioned

jurisprudence are met in the cases before it, i.e., whether it is competent to examine the

alleged violations related, in the first place, to forced displacement. In this regard, the

Committee takes note of the statement by the Inter-American Court of Human Rights to the

effect that forced displacement is ongoing in nature for as long as the authors cannot return,

in safety and with dignity, to their places of habitual residence or resettle voluntarily in

another part of the country.36 The Committee also notes that, in the collective decision on

33 The Constitutional Court of Guatemala nonetheless overturned that judgment and subsequently

dismissed the case upon the death of the accused.

34 Kouidis v. Greece (CCPR/C/86/D/1070/2002), para. 6.3; and Quliyev v Azerbaijan, para. 8.3, among

others.

35 CCPR/C/96/D/1536/2006, para. 8.5; Yurich v. Chile (CCPR/C/85/D/1078/2002), para. 6.4; Sarma

v. Sri Lanka (CCPR/C/78/D/950/2000), para. 6.2; Sankara et al. v. Burkina Faso

(CCPR/C/86/D/1159/2003), para. 6.3; Aduayom et al. v. Togo (CCPR/C/57/D/422/1990), para. 6.2;

Kouidis v. Greece, paras. 6.3–6.5; and Yusupova v. Russian Federation (CCPR/C/114/D/2036/2011),

para. 6.6.

36 Inter-American Court of Human Rights. Case of the Members of Chichupac Village and Neighboring

Communities of the Municipality of Rabinal v. Guatemala, para. 175; and Case of the Village of Los

Josefinos Massacre v. Guatemala, judgment of 3 November 2021, para. 79.

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material compensation issued in 2011, i.e., after the entry into force of the Optional Protocol,

the State party recognized the authors of the first nine communications as victims of the

“crime against humanity” of forced displacement (see para. 2.61) and that, pursuant to

decision CNR-RM-10-2011 of the same year, the National Reparations Commission

allocated plots of land to these authors as reparation for forced displacement and stated that

housing would be built on the allocated land. The Committee thus considers that the State

party has recognized the violations relating to the forced displacement to which the authors

of the first nine communications were subjected, and notes that the State party has not yet

completed the process of resettling these authors. Therefore, on the basis of both the

continuing nature of the forced displacement and the State party’s recognition of those

violations and failure to implement the resettlement agreement reached with the authors, the

Committee concludes that it is not precluded ratione temporis, under article 3 of the Optional

Protocol, from examining this part of the complaint.

7.6

With regard to the admissibility of the claims concerning the forced displacements,

the Committee notes the State party’s argument that domestic remedies have not been

exhausted because, in the year after they had fled, the authors did not file an application for

a summary procedure to halt the dispossession so that they could return to their communities,

and because the application for amparo for failure to provide reparations was related to the

general failure to implement the National Reparations Programme and did not specifically

address the failure to construct housing. However, the Committee considers that the State

party has not explained how a summary procedure to halt dispossession would have been

appropriate and effective at that time for members of persecuted Indigenous Peoples whose

ownership of the land is called into question by the State party itself (see para. 6).

Furthermore, the Committee considers that administrative proceedings under the National

Reparations Programme, which the State party had established specifically to provide

reparation to victims of the conflict, were a suitable remedy for enabling the authors to claim

their right to redress for displacement. This was recognized by the State party itself before

the Inter-American Court of Human Rights, when it submitted an objection for failure to

exhaust domestic remedies on the grounds that the alleged victims in that case had not

brought proceedings under the National Reparations Programme as an administrative remedy

established to provide individual and/or collective redress to the victims of the internal armed

conflict.37 As the National Reparations Programme does not provide for a mechanism by

which to appeal against a failure to implement its measures, the Committee considers that the

filing of an application for amparo for failure to take action was sufficient to exhaust

domestic remedies. In the light of the foregoing, the Committee considers that article 5 (2)

(b) of the Optional Protocol does not preclude it from considering the authors’ claims under

article 12 of the Covenant.

7.7

Regarding the allegations relating to the violation of article 12 of the Covenant, read

in conjunction with articles 6, 7, 9, 17, 23 and 24, the Committee recalls that “[t]he rights

that may be violated by situations of forced displacement include the rights of the family …

and also the rights of the child”,38 the right to the protection of private and family life and the

right to the security of person necessary for return or resettlement to take place. The

Committee also notes that inter-agency cooperation agreement CCI-9-2009 recognized that

the restitution of housing was a way of combating extreme poverty, and that decision

CNR-RM-10-2011 of the National Reparations Commission stated that the lives of the

victims who had been displaced to the capital had, “to date, been lived in conditions that

violate human dignity”. Therefore, the Committee considers that the allegations related to

the violation of article 12, read in conjunction with articles 7, 9, 17, 23 and 24, are sufficiently

substantiated for the purposes of admissibility. However, regarding the alleged violation of

article 12, read in conjunction with article 6, as a result of the deaths that occurred because

of the extreme poverty in which the victims were living in the capital, the Committee

considers that the authors have insufficiently substantiated their claims, and therefore finds

them inadmissible under article 2 of the Optional Protocol.

37 Case of the Members of Chichupac Village and Neighboring Communities of the Municipality of

Rabinal v. Guatemala, para. 40.

38 Inter-American Court of Human Rights, Case of the Village of Los Josefinos Massacre v. Guatemala,

para. 84.

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7.8

The Committee notes that the substance of the authors’ claims also points to a

violation of article 12 of the Covenant, read in conjunction with article 27. The Committee

notes that the authors not only filed claims of “cultural destruction” at the domestic level

under the National Reparations Programme (see para. 2.59), but also mentioned, at the

international level, that in order to avoid persecution after being displaced to the capital, they

had had to abandon their cultural practices, stop wearing their traditional costumes, stop

speaking their language and change their identities (see para. 2.2); that they suffer from

serious psychosomatic illnesses as a result of being uprooted (see para. 3.6); that being

uprooted from their territories had a particular impact on them because they are Indigenous

(see para. 3.8); and that they are all still living in a culture that is alien to their Mayan culture,

with a consequent loss of identity, cultural uprooting and destruction of the social and

community fabric (see para. 3.10). Therefore, the Committee also considers that it has

competence to examine the claims related in substance to the violation of article 12, read in

conjunction with article 27.

7.9

To conclude its analysis of the admissibility of the claims concerning forced

displacement, the Committee notes the State party’s argument that the communication is

inadmissible ratione personae in relation to persons who had not yet been born at the time of

the events that took place between 1977 and 1985. The Committee also notes the authors’

argument that children born during forced displacement suffer from transgenerational trauma,

not only because the violence experienced by their parents is transmitted to them but also

because they are growing up in an environment alien to their Mayan culture and in a situation

of extreme poverty owing to the continued displacement of their families. The Committee

takes the view that this issue is closely related to the merits of the case and involves

considering whether these persons can be regarded as victims of forced displacement.

Consequently, in accordance with article 2 of the Optional Protocol, the Committee considers

that there is no obstacle to the admissibility of the claims made on behalf of the authors’

children born during their forced displacement.

7.10

In connection with the alleged violations relating to enforced disappearances, the

Committee recalls that enforced disappearances are continuous violations39 that cease only

when the disappeared persons are located or, if they have died, when their remains have been

exhumed, identified and returned,40 which has not been done in the present cases. However,

the Committee notes that the authors mentioned the enforced disappearances of their relatives

to the National Reparations Programme only in order to substantiate their claims for

reparation in the form of housing (communications Nos. 4023/2021–4031/2021) and

financial compensation (communication No. 4032/2021), without providing any details on

the enforced disappearances as such and without requesting the State party to investigate and

punish those acts. The Committee also notes that, in alleging before it the exhaustion of

domestic remedies (see para. 3.1), the authors focused on the applications for amparo filed

in connection with the State’s failure to take action under the National Reparations

Programme and the closure of the Peace Secretariat, i.e. the failure to implement reparation

measures, but have not provided any information in respect of, for example, a persistent

inability to avail themselves of judicial remedies for the enforced disappearances of their

relatives. Accordingly, in the Committee’s view, in the present communications the authors

have focused more on the failure to implement reparation measures than on the pursuit of

justice for the disappearance of their relatives. Therefore, in accordance with article 2 of the

Optional Protocol, the Committee finds that the subsidiary claims regarding the alleged

violations of articles 6, 7 and 9 of the Covenant in respect of the disappeared persons and of

articles 7 and 14 (1) of the Covenant, read in conjunction with article 2 (3), in respect of their

relatives are insufficiently substantiated and are thus inadmissible.

7.11

With regard to the alleged violations relating to the extrajudicial executions of some

of the authors’ relatives, the Committee recalls that, since those were instantaneous acts that

began and ended before the entry into force of the Optional Protocol, and since the authors

39 International Convention for the Protection of All Persons from Enforced Disappearance,

art. 8 (1) (b).

40 Working Group on Enforced or Involuntary Disappearances, general comment on enforced

disappearance as a continuous crime, para. 1 (A/HRC/16/48, chap. II (G)). See also Inter-American

Court of Human Rights, Case of the Village of Los Josefinos Massacre v. Guatemala, para. 69.

CCPR/C/136/D/R.4023/2021-4032/2021

GE.23-01113

17

have insufficiently substantiated the alleged failure to investigate, the Committee does not

have competence ratione temporis to consider them, as there have been no acts in the present

cases affirming the instantaneous violations that occurred prior to the entry into force of the

Optional Protocol. Therefore, in accordance with article 3 of the Optional Protocol, the

Committee finds that it lacks competence ratione temporis to consider the alleged violation

of article 6 in respect of the persons who were executed.

7.12

In connection with the foregoing, the Committee considers that it does not have

competence ratione temporis to consider the allegations of sexual violence, since they also

concern instantaneous acts that occurred before the entry into force of the Optional Protocol,

and the authors have insufficiently substantiated the alleged failure to investigate. Therefore,

the Committee finds the claims concerning the violation of article 7 of the Covenant in

respect of the authors who were victims of sexual violence to be inadmissible ratione

temporis under article 3 of the Optional Protocol.

7.13

Lastly, with regard to the claims that the State party violated articles 2 (3) and 14 (1)

of the Covenant by failing to implement the reparations provided for in the National

Reparations Programme, the Committee notes the State party’s argument that the

communications seek a review of the decision dismissing the request for enforcement of the

amparo ruling (see para. 2.69) and the decision dismissing the preventive amparo application

because the Peace Secretariat had been closed down (see para. 2.71). In this regard, the

Committee notes the authors’ argument that they are not seeking to have these decisions

reviewed but to demonstrate that domestic remedies have not been effective in achieving the

implementation of the reparations provided for under the National Reparations Programme.

The Committee considers that this question of admissibility is closely related to the merits,

as it is linked to the alleged failure to enforce both the amparo ruling ordering the National

Reparations Commission to fulfil the reparation obligations under the National Reparations

Programme and decision CNR-RM-10-2011, whereby the State party undertook to build

housing for the authors of the first nine communications. Recalling that the failure to enforce

decisions recognizing rights and granting reparations may constitute a violation of article 14

(1) of the Covenant, read in conjunction with article 2 (3),41 the Committee considers that

this claim is sufficiently substantiated for the purposes of admissibility and finds that it is not

precluded, under article 2 of the Optional Protocol, from examining this part of the

communication.

8.

Accordingly, the Committee decides:

(a)

That the 10 communications are admissible insofar as they raise issues with

respect to article 14 (1) of the Covenant, read in conjunction with article 2 (3), and that the

first nine communications (Nos. 4023/2021–4031/2021) are also admissible insofar as they

raise issues with respect to article 12 of the Covenant, read alone and in conjunction with

articles 7, 9, 17, 23, 24 and 27;

(b)

In accordance with rule 101 (2) of the Committee’s rules of procedure, to

request the State party to submit to the Committee, within six months of the date of transmittal

of the present decision, observations on the merits of the communication;

(c)

That these observations shall be communicated to the authors under rule 101 (3)

of the Committee’s rules of procedure, for their comments;

(d)

That the present decision shall be communicated to the State party and to the

authors.

41 Chakupewa et al. v. Democratic Republic of the Congo (CCPR/C/131/D/2835/2016), para. 6.3.

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GE.23-01113

Anexo I

Los autores de las diez comunicaciones y sus familiares

en cuyo nombre se presentan

Comunicación núm. 4023/2021: 35 miembros del pueblo maya k’iche’

del municipio de Chiché

Familia 1: Tomasa Rodríguez Morales de Saquic y Manuela Saquic Rodríguez de González.

Familia 2: María Xón Cuin de Guarcas y Amelia Patricia Guarcas Xon.

Familia 3: Petrona Morales Lastor de Ajtzac, Mayra Catarina Ajtzac Morales, Pedro Miguel

Ángel Ajtzac Morales, Tomás Adrián Arturo Ajtzac Morales y María Guadalupe Ajtzac

Morales, en nombre propio y en nombre de Miguel Ajtzac Lux, esposo y padre.

Familia 4: Paulina Sut Morales, Gladys Viviana Pérez Sut y Walter Martin Perez Sut.

Familia 5: Dominga Tecum Xirum, Sebastián Cuín Tecum, Débora Sulamita Cuín Morales

y Juana Alicia Cuín Morales de Mateo.

Familia 6: Diego Morales Saquic, Juana Cuín Tzoc, Josefa Herlinda Morales Cuín, Narcisa

Estela Zurdo Xajap de Morales, Tomás Morales Cuín, Manuela Morales Cuin de Cuin, Óscar

Diego David Morales Nix, Ruth Noemí Morales Nix, Mayra Jerónima Saraí Morales Nix y

Juana Rebeca Morales Nix.

Familia 7: María Lastor Tol, José Morales Lastor, Isabel Morales Lastor, Alfredo Morales

Lastor, Mario Estuardo Morales Lastor, Adelaida Carolina Morales Lastor de Coxigua y

Miguel Morales Lastor, en nombre propio y en nombre de Tomás Morales Saquic, esposo y

padre.

Comunicación núm. 4024/2021: 9 miembros del pueblo maya ixil

de los municipios San Gaspar Chajul y San Juan Cotzal

Familia 1: Miguel Sanic Itzep, Cipriana Álvarez Ajanel, Eugenia Aj’mak Sanic Álvarez,

Eugenia ‘E’ Kanil Sanic Álvarez, Ana Agustina Sanic Álvarez y María Toj Sanic Álvarez,

en nombre propio y en nombre del menor de edad Francisco Miguel Sanic Álvarez.

Familia 2: Ana Gómez Aguilar y Ana María Cavinál Gómez.

Comunicación núm. 4025/2021: 21 miembros del pueblo maya

k’iche’ de la comunidad Chicabracán del municipio Santa Cruz

del Quiché

Familia 1: Salvador Ventura López, Antonia López López de Ventura e Irene Petronila

Ventura López, en nombre propio y en nombre de Santos Ventura Chich, padre desaparecido

de Salvador Ventura López.

Familia 2: Manuela Ventura Tiño de González, María Ofelia González Ventura, Angelina

González Ventura y Juan Manuel Ventura, en nombre propio y en nombre de Miguel

González López, esposo desaparecido de Manuela Ventura Tiño de González.

Familia 3: Sebastiana Cun López, Sebastián Tiño Cun, Catarina Tiño Cun y Petronila Cun,

en nombre propio y en nombre de Sebastián Tiño Tiño, esposo desaparecido de Sebastiana

Cun López.

Familia 4: Manuel Gómez Osorio, Teodora de León Osorio de Gómez [esposa, 1950],

Sebastiana Gómez Gonzales, Sebastiana Gómez de León, Diego Benjamín Gómez de León,

Margarito Práxedes Gómez de León y Marcos Irineo Gómez de León.

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Comunicación núm. 4026/2021: 26 miembros del pueblo maya

k’iche’ del municipio de Uspantán

Familia 1: Miguel León Aguaré, Simeona Aguaré Velásquez, Julia Ermitana Ixchop Ajcot,

Cindy Mishell León Ixchop y Simeona Elizabeth León Ixchop, en nombre propio y en

nombre del menor de edad Miguel Estuardo León Ixchop, en nombre de Marta León Aguaré,

hermana de Miguel León Aguaré fallecida, y en nombre de Juan León López, padre de

Miguel León Aguaré desaparecido.

Familia 2: Julián Vicente Velásquez, Santos Teresa Vicente Damián, Corona de Jesús

Vicente Vicente, Reginaldo Yovani Vicente Vicente y Álvaro Alonso Vicente Vicente, en

nombre propio y en nombre de su hijo fallecido Juan Noe Vicente Damián, y de sus padres

ejecutados Feliciano Vicente y Martina Velásquez.

Familia 3: Juan Petronilo Vicente Velásquez, Francisca León López, Lidia Roselia Vicente

León, Carlos Enrique Vicente León, Aura Yolanda Vicente León, María Eugenia Vicente

León y Alicia Raquel Vicente León, en nombre propio y en nombre de su hija y hermana

María Martina Vicente León.

Familia 4: Juliana Socoy Car y Miguel Ixcotoyac Socoy.

Comunicación núm. 4027/2021: 28 miembros del pueblo maya

k’iche’ de las comunidades del Cantón La Montana del municipio

de San Pedro Jocopilas y de la aldea Chajbal del municipio

de Santa Cruz del Quiché

Familia 1: Francisca Osorio Lucas de Pacheco y Angélica Ixmukané Osorio.

Familia 2: Juana Vicente López, Julia Rosario Vicente y Xiomara Maribel Hernández

Vicente.

Familia 3: María Antonia Velásquez Pérez de Mejía y Calixto Waldemar Velázquez Mejía,

en nombre propio y en nombre de la madre de María Antonia Velásquez Pérez de Mejía,

Andrea Pérez Ixcoy Reynozo, fallecida.

Familia 4: Félix Enrique Velásquez Mejía y Julia Tipaz de Velásquez, en nombre propio y

en nombre de sus hijos menores de edad, Juana Natalia Lourdes Velásquez Tipaz y Mariana

Yamilet Velásquez Tipaz, y del padre ejecutado de Félix Enrique Velásquez Mejía, Juan

Velásquez Velásquez.

Familia 5: Rosa Vicente López y Cristina Vicente, en nombre propio y en nombre de su

esposo y padre ejecutado, Martín Pú Poncio.

Familia 6: Victoriana Mejía Tax, Felipe Chaperón Mejía, Agustín Chaperón Mejía, Antonia

Raguex Tiu de Chaperón, Blanca Estela Chaperón Raguex, Cecilia Victoria Chaperón

Raguex, Elena Alejandra Chaperón Raguex, Pedro José Chaperón Raguex y Juan Carlos

Chaperón Raguex, en nombre propio y en nombre de tres hijos desaparecidos de Victoriana

Mejía Tax, Higinio Chaperón Mejía, Santos Chaperón Mejía y Paulino Chaperón Mejía.

Comunicación núm. 4028/2021: 4 miembros del pueblo maya

kaqchiquel de la aldea Simajhuleu del municipio de San Juan

Comalapa

Familia 1: Eulogio Otzoy Colaj y María Florinda Otzoy Pichiyá, en nombre propio y en

nombre de dos hijos desaparecidos de Eulogio Otzoy Colaj, Marcelo Otzoy Pichiyá y Pedro

Otzoy Pichiyá.

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GE.23-01113

Comunicación núm. 4029/2021: 20 miembros del pueblo maya

k’iche’ del municipio de Santa Cruz del Quiché

Familia 1: Marta Zacarías Laines, Marta Susana Zapeta Zacarias de Molina e Ismelda Beatriz

Zapeta Zacarias de López, en nombre propio y en nombre del hijo, Celso Arnulfo Zapeta

Zacarias y del esposo, Encarnación Zapeta, ambos desaparecidos.

Familia 2: Rosario Poncio Ambrosio.

Familia 3: Anselma Coxaj Lux, Pedro Celso Poncio Coxaj, María Ignacia Poncio Coxaj, José

Basilio Poncio Coxaj y Marcos Cleto Poncio Coxaj.

Familia 4: Cristina Lux Medrano y Felipe Zapeta Mendoza, en nombre propio y en nombre

de la madre de Cristina Lux Medrano, Micaela Medrano López.

Familia 5: Sebastiana López Ventura, Pedro López López, José López López, Manuel López

López, Pedro López López y Ana Martina López.

Comunicación núm. 4030/2021: 26 miembros del pueblo maya

k’iche’ del municipio de Chinique

Familia 1: Nicolás Quinilla Quinilla y Jesús Zacarías Laynez, en nombre propio y en nombre

de dos hijos fallecidos, Pedro Marcial Quinilla Zacarías y Marcos Quinilla Zacarías, y de un

hijo ejecutado, Agustín Quinilla Zacarías.

Familia 2: Juana Tipaz González de Ventura, Lorenzo Ventura Ventura, Domingo Lorenzo

Ventura Tipaz, Juana Sebastiana Magdalena Ventura Tipaz, Agustín Edgar Andrés Ventura

Tipaz, Sebastián Manuel Rosendo Ventura Tipaz y Julia Tipaz de Velásquez, en nombre

propio y en nombre de su primer esposo desaparecido, Ignacio Chaperón, y de su padre

fallecido, Agustín López.

Familia 3: Catalina Vicenta López y López y Wualter Alejandro Elías González, en nombre

propio y en nombre del menor de edad Fernando Josué González López.

Familia 4: Candelaria Vásquez Us, Ana Cristina Vásquez Us, Nicolasa Tipaz Vásquez,

Vicenta Tipaz Vásquez y Victoria Tipaz Vásquez, en nombre propio y en nombre de Lorenzo

Tipaz, esposo ejecutado.

Familia 5: Felipa Tipaz Us, María Angélica Us Tipaz de Flores y María Us Tipaz.

Comunicación núm. 4031/2021: 28 miembros del pueblo maya

k’iche’ de la aldea San Sebastián Lemoa del municipio

de Santa Cruz del Quiché

Familia 1: Dolores Ventura Ventura, Mario Francisco Cun Ventura, María Victoria Cun

Ventura, Felipe Natividad Cun Ventura y Juan José Cun Ventura, en nombre propio y en

nombre de su esposo fallecido, Francisco Cun López, de su padre desaparecido, Felipe

Ventura González, y de su hermano desaparecido, Diego Ventura Ventura.

Familia 2: Anastacia González Tipaz.

Familia 3: Encarnación Ventura Lux de Gorge, Silvia María Jorge Ventura y Aurelio

Celestino Jorge Ventura, en nombre propio y en nombre de su esposo ejecutado, Sebastián

Jorge López.

Familia 4: Rolando Agapito López López, en nombre propio y en nombre de su abuela

fallecida, Anastacia Loarca.

Familia 5: Cecilia López Loarca, en nombre propio y en nombre de su hermana ejecutada,

Sipriana Nelia López Loarca.

Familia 6: María Ren Yá de Ventura, Mateo Ventura Ren y Leonardo Ventura Ren.

Familia 7: María Gómez de León y Salvador Carlos Yá Gómez.

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Familia 8: Dolores López de Ren, María Tiño López, Tomasa Ren López y María Ren López.

Familia 9: Agapito Ventura González y Juana María Ventura Lux.

Comunicación núm. 4032/2021: 72 miembros del pueblo maya

kaqchiquel del municipio de San José Poaquil

Familia 1: Rosa Gabriel Miza, José Benigno Tartón Gabriel, Manuel de Jesús Tartón Gabriel,

Cesar Augusto Tartón Gabriel, Elsa Marina Tartón Gabriel, Rubén Alfredo Tartón Gabriel y

Silvia Elizabeth Tartón Gabriel, en nombre propio y en nombre de su esposo y padre

ejecutado, Ignacio Tartón Chalí.

Familia 2: Josefa Muchuch Ordóñez, en nombre propio y en nombre de su esposo y cuñado

ejecutados, Paulino Jutzuy Chutá y León Jutzuy Chutá.

Familia 3: Gabina Sut, Gilda Eluvia Muchuch Sut y Blanca Élida Muchuch Sut, en nombre

propio y en nombre de su esposo y padre desaparecido, Hilario Martín Muchuch Ordóñez.

Familia 4: Olivia Solano Chutá, Jorge Sirín Solano, María Angélica Sirín Solano, Mario

Enrique Sirín Solano y Luvia Aracely Sirín Solano, en nombre propio y en nombre de su

esposo y padre ejecutado, Juan Sirín Calí.

Familia 5: Juana Pichiyá Calí, María Inocenta Chutá Pichiyá, Carlos Humberto Chutá Pichiyá,

Felipe Abraham Chutá Pichiyá, Irma Yolanda Chutá Pichiyá de Cun, María Elena Chutá

Pichiyá, Miguel Ángel Chutá Pichiyá y Zoila Angelina Chutá Pichiyá de Poncio, en nombre

propio y en nombre de su esposo y padre desaparecido, Abraham Chutá Quina.

Familia 6: Lorenza Quill y Margarita Telón Quill de Tzaj, en nombre propio y en nombre de

su esposo y padre desaparecido, Ceferino Telón Cúmez.

Familia 7: Celestina Morales Tartón, Mirtala Oxí Morales, Armando Jeremías Oxí Morales,

Gloria Elizabeth Oxí Morales de Morales y Olga Liliana Oxí Morales, en nombre propio y

en nombre de su esposo y padre desaparecido, Felipe Oxí Morales.

Familia 8: Estéban Miza Calí, María Roselia Cun Miza, Irma Yolanda Cun Miza, Héctor

Armando Cun Miza, Aura Marina Cun Miza y Adán Leonel Cun Miza, en nombre propio y

en nombre de sus compañeros y padre ejecutado, Hilario Cun Calí y Fermín Cun Calí.

Familia 9: Mariana Chutá Tubac, Everilda Oxí Chutá y Mercedes Floridalma Oxí Chutá, en

nombre propio y en nombre de su esposo y padre desaparecido, Ismael Oxí Asijtuj.

Familia 10: Agustina Maxía, Manuel Xon Maxía y Vicente Xon Maxía, en nombre propio y

en nombre de su esposo y padre desaparecido, Bibiano Xon.

Familia 11: Alberta Muchuch Oxí de López, María Enma López Muchuch, Margarita López

Muchuch, Marta Odilia López Muchuch y Telma Yolanda López Muchuch, en nombre

propio y en nombre de su esposo y padre desaparecido, Gabriel López Simón.

Familia 12: Alejandra Pichiyá Otzoy, Paula López Pichiyá, Flaviana López Pichiyá, Carlos

Enrique López Pichiyá, Rigoberto López Pichiyá, Josefa López Pichiyá y Roselia López

Pichiyá, en nombre propio y en nombre de su esposo y padre desaparecido, Benigno López

Simón.

Familia 13: Faustina Morales y Juan Francisco Oxí Morales, en nombre propio y en nombre

de su esposo y padre ejecutado, Juan Oxí Ortiz.

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GE.23-01113

Anexo II

Personas fallecidas durante la huida antes de la entrada

en vigor del Protocolo Facultativo

Comunicación núm. 4026/2021

Marta León Aguaré, Juan Noe Vicente Damián y María Martina Vicente León.

Comunicación núm. 4030/2021

Pedro Marcial Quinilla Zacarías, Marcos Quinilla Zacarías y Agustín López.

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Anexo III

Personas fallecidas debido a las condiciones del

desplazamiento después de la entrada en vigor

del Protocolo Facultativo

Comunicación núm. 4023/2021

Miguel Ajtzac Lux, fallecido en 2013, y Tomás Morales Saquic, fallecido en 2019.

Comunicación núm. 4027/2021

Andrea Pérez Ixcoy Reynozo, fallecida en 2017.

Comunicación núm. 4029/2021

Micaela Medrano López, fallecida en 2020.

Comunicación núm. 4031/2021

Francisco Cun López, fallecido en 2020, y Anastacia Loarca, fallecida en 2013.

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24

GE.23-01113

Anexo IV

Menores de edad que tuvieron que huir de sus

comunidades y niños que nacieron en situación

de desplazamiento, y que son actualmente adultos

Comunicación núm. 4023/2021

Manuela Saquic Rodríguez de González; Amelia Patricia Guarcas Xon; Petrona Morales

Lastor de Ajtzac, Mayra Catarina Ajtzac Morales, Pedro Miguel Ángel Ajtzac Morales,

Tomás Adrián Arturo Ajtzac Morales, María Guadalupe Ajtzac Morales; Gladys Viviana

Pérez Sut, Walter Martin Perez Sut; Sebastián Cuín Tecum, Débora Sulamita Cuín Morales,

Juana Alicia Cuín Morales de Mateo; Josefa Herlinda Morales Cuín, Narcisa Estela Zurdo

Xajap de Morales, Tomás Morales Cuín, Óscar Diego David Morales Nix, Ruth Noemí

Morales Nix, Mayra Jerónima Saraí Morales Nix, Juana Rebeca Morales Nix; José Morales

Lastor, Isabel Morales Lastor, Alfredo Morales Lastor, Mario Estuardo Morales Lastor y

Adelaida Carolina Morales Lastor de Coxigua.

Comunicación núm. 4024/2021

Cipriana Álvarez Ajanel, Eugenia Aj’mak Sanic Álvarez, Eugenia ‘E’ Kanil Sanic Álvarez,

Ana Agustina Sanic Álvarez, María Toj Sanic Álvarez; y Ana María Cavinál Gómez.

Comunicación núm. 4025/2021

Irene Petronila Ventura López; María Ofelia González Ventura, Angelina González Ventura,

Juan Manuel Ventura, Miguel González López; Sebastián Tiño Cun, Catarina Tiño Cun,

Petronila Cun; Sebastiana Gómez Gonzales, Sebastiana Gómez de León, Diego Benjamín

Gómez de León, Margarito Práxedes Gómez de León y Marcos Irineo Gómez de León.

Comunicación núm. 4026/2021

Miguel León Aguaré, Julia Ermitana Ixchop Ajcot, Cindy Mishell León Ixchop, Simeona

Elizabeth León Ixchop; Corona de Jesús Vicente Vicente, Reginaldo Yovani Vicente Vicente,

Álvaro Alonso Vicente Vicente, Juan Noe Vicente Damián; Lidia Roselia Vicente León,

Carlos Enrique Vicente León, Aura Yolanda Vicente León, María Eugenia Vicente León,

Alicia Raquel Vicente León, María Martina Vicente León; y Miguel Ixcotoyac Socoy.

Comunicación núm. 4027/2021

Cristina Vicente; Angélica Ixmukané Osorio; Julia Rosario Vicente, Xiomara Maribel

Hernández Vicente; Félix Enrique Velásquez Mejía, Julia Tipaz de Velásquez; Calixto

Waldemar Velázquez Mejía; Felipe Chaperón Mejía, Antonia Raguex Tiu de Chaperón,

Blanca Estela Chaperón Raguex, Cecilia Victoria Chaperón Raguex, Elena Alejandra

Chaperón Raguex, Pedro José Chaperón Raguex y Juan Carlos Chaperón Raguex.

Comunicación núm. 4028/2021

María Florinda Otzoy Pichiyá y Pedro Otzoy Pichiyá.

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Comunicación núm. 4029/2021

Marta Susana Zapeta Zacarias de Molina, Ismelda Beatriz Zapeta Zacarias de López; Pedro

Celso Poncio Coxaj, María Ignacia Poncio Coxaj, José Basilio Poncio Coxaj, Marcos Cleto

Poncio Coxaj; Cristina Lux Medrano; José López López, Manuel López López, Pedro López

López y Ana Martina López.

Comunicación núm. 4030/2021

Juana Tipaz González de Ventura, Domingo Lorenzo Ventura Tipaz, Juana Sebastiana

Magdalena Ventura Tipaz, Agustín Edgar Andrés Ventura Tipaz, Sebastián Manuel Rosendo

Ventura Tipaz, Julia Tipaz de Velásquez; Wualter Alejandro Elías González; Ana Cristina

Vásquez Us, Nicolasa Tipaz Vásquez, Vicenta Tipaz Vásquez, Victoria Tipaz Vásquez; y

María Us Tipaz.

Comunicación núm. 4031/2021

Dolores Ventura Ventura, Mario Francisco Cun Ventura, María Victoria Cun Ventura, Felipe

Natividad Cun Ventura, Juan José Cun Ventura; Anastacia González Tipáz; Silvia María

Jorge Ventura, Aurelio Celestino Jorge Ventura; Rolando Agapito López López; Juana María

Ventura Lux; Mateo Ventura Ren, Leonardo Ventura Ren; Salvador Carlos Yá Gómez; María

Tiño López, Tomasa Ren López y María Ren López.

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Anexo V

Niños de tercera generación nacidos desplazados

y que siguen siendo menores en la actualidad

Comunicación núm. 4024/2021

Francisco Miguel Sanic Álvarez.

Comunicación núm. 4026/2021

Miguel Estuardo León Ixchop.

Comunicación núm. 4027/2021

Juana Natalia Lourdes Velásquez Tipaz y Mariana Yamilet Velásquez Tipaz.

Comunicación núm. 4030/2021

Fernando Josué González López.

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Anexo VI

Personas ejecutadas

Comunicación núm. 4026/2021

Feliciano Vicente y Martina Velásquez.

Comunicación núm. 4027/2021

Martín Pú Poncio y Juan Velásquez Velásquez.

Comunicación núm. 4030/2021

Agustín Quinilla Zacarías y Lorenzo Tipaz.

Comunicación núm. 4031/2021

Sebastián Jorge y Sipriana Nelia López Loarca.

Comunicación núm. 4032/2021

Ignacio Tartón Chalí, Paulino Jutzuy Chutá, León Jutzuy Chutá, Juan Sirín Calí, Hilario Cun

Calí y Fermín Cun Calí.

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Anexo VII

Personas desaparecidas

Comunicación núm. 4025/2021

Santos Ventura Chich, Miguel González López y Sebastián Tiño Tiño.

Comunicación núm. 4026/2021

Juan León López.

Comunicación núm. 4027/2021

Higinio Chaperón Mejía, Santos Chaperón Mejía y Paulino Chaperón Mejía.

Comunicación núm. 4028/2021

Marcelo Otzoy Pichiyá y Pedro Otzoy Pichiyá.

Comunicación núm. 4029/2021

Encarnación Zapeta y Celso Arnulfo Zapeta Zacarias.

Comunicación núm. 4030/2021

Ignacio Chaperón.

Comunicación núm. 4031/2021

Felipe Ventura González y Diego Ventura Ventura.

Comunicación núm. 4032/2021

Hilario Martín Muchuch Ordóñez, Abraham Chutá Quina, Ceferino Telón Cúmez, Felipe

Oxí Morales, Ismael Oxí Asijtuj, Bibiano Xon, Gabriel López Simón, Benigno López Simón

y Juan Oxí Ortiz.

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Anexo VIII

Familiares de desaparecidos

Comunicación núm. 4025/2021

Familiares de Santos Ventura Chich: Salvador Ventura López, Antonia López López de

Ventura e Irene Petronila Ventura López.

Familiares de Miguel González López: Manuela Ventura Tiño de González, María Ofelia

González Ventura, Angelina González Ventura y Juan Manuel Ventura.

Familiares de Sebastián Tiño Tiño: Sebastiana Cun López, Sebastián Tiño Cun, Catarina

Tiño Cun y Petronila Cun.

Comunicación núm. 4026/2021

Familiares de Juan León López: Miguel León Aguaré, Julia Ermitana Ixchop Ajcot, Cindy

Mishell León Ixchop, Simeona Elizabeth León Ixchop, Miguel Estuardo León Ixchop, Marta

León Aguaré y Simeona Aguaré Velásquez.

Comunicación núm. 4027/2021

Familiares de Higinio Chaperón Mejía, Santos Chaperón Mejía y Paulino Chaperón Mejía:

Victoriana Mejía Tax, Felipe Chaperón Mejía, Agustín Chaperón Mejía, Antonia Raguex Tiu

de Chaperón, Blanca Estela Chaperón Raguex, Cecilia Victoria Chaperón Raguex, Elena

Alejandra Chaperón Raguex, Pedro José Chaperón Raguex y Juan Carlos Chaperón Raguex.

Comunicación núm. 4028/2021

Familiares de Marcelo Otzoy Pichiyá y Pedro Otzoy Pichiyá: Eulogio Otzoy Colaj y María

Florinda Otzoy Pichiyá.

Comunicación núm. 4029/2021

Familiares de Celso Arnulfo Zapeta Zacarias y Encarnación Zapeta: Marta Zacarías Laines,

Marta Susana Zapeta Zacarias de Molina e Ismelda Beatriz Zapeta Zacarias de López.

Comunicación núm. 4030/2021

Familiares de Ignacio Chaperón: Juana Tipaz González de Ventura, Lorenzo Ventura

Ventura, Domingo Lorenzo Ventura Tipaz, Juana Sebastiana Magdalena Ventura Tipaz,

Agustín Edgar Andrés Ventura Tipaz, Sebastián Manuel Rosendo Ventura Tipaz, Agustín

López y Julia Tipaz de Velásquez.

Comunicación núm. 4031/2021

Familiares de Felipe Ventura González y Diego Ventura Ventura: Dolores Ventura Ventura,

Mario Francisco Cun Ventura, María Victoria Cun Ventura, Felipe Natividad Cun Ventura,

Juan José Cun Ventura y Francisco Cun López.

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Comunicación núm. 4032/2021

Familiares de Hilario Martín Muchuch Ordóñez: Gabina Sut, Gilda Eluvia Muchuch Sut y

Blanca Élida Muchuch Sut.

Familiares de Abraham Chutá Quina: Juana Pichiyá Calí, María Inocenta Chutá Pichiyá,

Carlos Humberto Chutá Pichiyá, Felipe Abraham Chutá Pichiyá, Irma Yolanda Chutá

Pichiyá de Cun, María Elena Chutá Pichiyá, Miguel Ángel Chutá Pichiyá y Zoila Angelina

Chutá Pichiyá de Poncio.

Familiares de Ceferino Telón Cúmez: Lorenza Quill y Margarita Telón Quill de Tzaj.

Familiares de Felipe Oxí Morales: Celestina Morales Tartón, Mirtala Oxí Morales, Armando

Jeremías Oxí Morales, Gloria Elizabeth Oxí Morales de Morales y Olga Liliana Oxí Morales.

Familiares de Ismael Oxí Asijtuj: Mariana Chutá Tubac, Everilda Oxí Chutá y Mercedes

Floridalma Oxí Chutá.

Familiares de Bibiano Xon: Agustina Maxía, Manuel Xon Maxía y Vicente Xon Maxía.

Familiares de Gabriel López Simón: Alberta Muchuch Oxí de López, María Enma López

Muchuch, Margarita López Muchuch, Marta Odilia López Muchuch y Telma Yolanda López

Muchuch.

Familiares de Benigno López Simón: Alejandra Pichiyá Otzoy, Paula López Pichiyá,

Flaviana López Pichiyá, Carlos Enrique López Pichiyá, Rigoberto López Pichiyá, Josefa

López Pichiyá y Roselia López Pichiyá.

Familiares de Juan Oxí Ortiz: Faustina Morales y Juan Francisco Oxí Morales.

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Anexo IX

Autoras que sufrieron violación sexual

Comunicación núm. 4025/2021

Sebastiana Cun López.

Comunicación núm. 4029/2021

Micaela Medrano López y Sebastiana López Ventura.

Comunicación núm. 4031/2021

Dolores Ventura Ventura.