6.
In addition, the IACHR received information submitted by the
petitioner on the following dates: August 23, 2005, February 21, 2006, May 23, 2006,
June 20, 2006, October 11, 2006, February 16, 2007, April 25, 2007, September 20,
2007, January 30, 2008, and May 19, 2009. These communications were duly
forwarded to the State as appropriate for its information and comment.
7.
The IACHR also received comments from the State on the following
dates: January 5, 2007, April 2, 2007, November 9, 2007, May 21, 2008, and July 2,
2009. These communications were duly forwarded to the petitioner.
III.
A.
POSITIONS OF THE PARTIES
Petitioner
8.
Steven Edward Hendrix states that he received the degree of
Doctor of Laws of the University of Wisconsin, United States, in 1987, as well as the
degrees of Doctor of Laws and Lawyer of the Universidad Mayor de San Andrés,
Bolivia. He further states that on March 30, 1998, he was awarded the academic
degree of Doctor of Judicial and Social Sciences of the Universidad de San Carlos de
Guatemala (USAC). He states that he subsequently passed the two parts of the
professional examination, on April 25 and August 3, 2000, respectively, and had
previously taken the steps required to establish his good conduct and record, with
favorable results. Consequently, the petitioner indicates that as is said in the official
minute No. 36-2000, the governing board of the USAC School of Law, conferred on
him the degrees of Lawyer and Notary at its September 18, 2000 meeting, making
him a Doctor of Laws, Lawyer, and Notary of the Universidad de San Carlos de
Guatemala as from that date.
9.
The alleged victim claims that he has not been authorized to
exercise the profession of public notary despite having fulfilled all of the legal
requirements, except the condition that he give up his United States citizenship and
become a Guatemalan citizen. He states that the Association of Lawyers and Notaries
of Guatemala (Colegio de Abogados y Notarios de Guatemala, hereinafter "the
CANG") rejected his application for admission as a notary and that its decision was
subsequently confirmed by the governing board of said professional association and
later by the Assembly of Presidents of the Professional Associations of Guatemala
(Asamblea de Presidentes de los Colegios Profesionales de Guatemala).
10.
He argues that the Commission has jurisdiction over an act of the
CANG because, in consultative opinion OC-5, the Inter-American Court of Human
Rights (hereinafter "the Inter-American Court") established a precedent of a violation
of human rights arising from a ruling by a professional association. He maintains that
the State delegates government powers to the professional associations to control,
organize, and supervise the exercise of certain professions and that this is an instance
of international responsibility for the acts of individuals, because the State has
allowed a professional association to restrict rights by delegation.
11.
With respect to national legislation, he states that the Constitution
of Guatemala does not establish Guatemalan citizenship as a prerequisite for the
exercise of the profession of notary; this requirement is established in Article 2 of the
Code of the Notarial Profession of Guatemala.1 The CANG's ruling, he says, reflects
the application of Article 13 of the Judiciary Act, which establishes that specific
provisions of law take precedence over general provisions, leading to the conclusion
1 The petitioner adds that Article 175 of the Political Constitution "provides that no law may contradict the
provisions of the Constitution" and that any law that violates or distorts the constitutional requirements is
null and void ipso jure.