2
ratified the American Convention and on March 9, 1987, it accepted the contentious
jurisdiction of the Court.
II
BACKGROUND
2.
This case was submitted to the Court by the Inter-American Commission on
Human Rights (hereinafter “the Commission” or “the Inter-American Commission”) in
an application of January 30, 1997, accompanied by Report No. 33/96 of October 16,
1996. It originated with a petition (No. 11,383) against Guatemala received by the
Secretariat of the Commission on September 15, 1994.
3.
On November 19, 1999, the Court delivered judgment on the merits of the
case, in which it decided:
1.
to declare that the State violated Article 7 of the American Convention on
Human Rights, in relation to its Article 1(1), to the detriment of Henry Giovanni
Contreras, Federico Clemente Figueroa Túnchez, Julio Roberto Caal Sandoval and Jovito
Josué Juárez Cifuentes;
2.
to declare that the State violated Article 4 of the American Convention on
Human Rights, in relation to its Article 1(1), to the detriment of Henry Giovanni
Contreras, Federico Clemente Figueroa Túnchez, Julio Roberto Caal Sandoval, Jovito
Josué Juárez Cifuentes and Anstraum Aman Villagrán Morales;
3.
to declare that the State violated Article 5(1) and 5(2) of the American
Convention on Human Rights, in relation to its Article 1(1), to the detriment of Henry
Giovanni Contreras, Federico Clemente Figueroa Túnchez, Jovito Josué Juárez Cifuentes
and Julio Roberto Caal Sandoval;
4.
to declare that the State violated Article 5(2) of the American Convention on
Human Rights, in relation to its Article 1(1), to the detriment of the mothers of Henry
Giovanni Contreras, Federico Clemente Figueroa Túnchez, Jovito Josué Juárez Cifuentes
and Julio Roberto Caal Sandoval, Ana María Contreras, Matilde Reyna Morales García,
Rosa Carlota Sandoval, Margarita Sandoval Urbina, Marta Isabel Túnchez Palencia and
Noemí Cifuentes;
5.
to declare that the State violated Article 19 of the American Convention on
Human Rights, in relation to its Article 1(1), to the detriment of Julio Roberto Caal
Sandoval, Jovito Josué Juárez Cifuentes and Anstraum Aman Villagrán Morales;
6.
to declare that the State violated Articles 8(1) and 25 of the American
Convention on Human Rights, in relation to its Article 1(1), to the detriment of Henry
Giovanni Contreras, Julio Roberto Caal Sandoval, Jovito Josué Juárez Cifuentes, Federico
Clemente Figueroa Túnchez and Anstraum Aman Villagrán Morales and their immediate
next of kin;
7.
to declare that the State violated Articles 1, 6 and 8 of the Inter-American
Convention to Prevent and Punish Torture to the detriment of Henry Giovanni Contreras,
Federico Clemente Figueroa Túnchez, Julio Roberto Caal Sandoval and Jovito Josué
Juárez Cifuentes;
8.
to declare that the State violated Article 1(1) of the American Convention on
Human Rights regarding the obligation to investigate, and that the State should conduct
a real and effective investigation to determine the persons responsible for the human
rights violations referred to in this judgment and eventually punish them; and
9.
to open the phase of reparations and costs and authorize the President to adopt
the corresponding procedural measures.