5
b) “Adopt such measures as may be necessary to prevent a recurrence
of such events. Those measures should include (i) implementation
of permanent programs on human rights and international
humanitarian law at military training colleges; (ii) strengthening of
institutional capacities to investigate the gross human rights
violations that occurred during the internal armed conflict and (iii)
adoption of effective mechanisms to address intimidation and
harassment of legal operators, victims, and witnesses in the
framework of those investigations.”
c) Notification to the State. The Commission informed that the Merits Report was
notified to the State on June 21, 2016, granting it two months to report on
compliance of the recommendations. The Commission stated that it had been
informed of a “rapprochement” between the State and the petitioner, but that
the latter requested that the case be submitted to the Court and Guatemala did
not request suspension of the period set out in Article 51 of the Convention.
3.
Submission to the Court. On September 21, 2016, the Commission submitted to
the Court “the totality of the facts and violations” described in the Merits Report. 1
4.
Requests of the Commission. Based on the foregoing, the Commission requested
that the Court conclude and declare the State’s international responsibility for the
violations contained in its Merits Report and that it order that the State, as measures of
reparation, comply with the recommendations included in that Report.
II.
PROCEEDINGS BEFORE THE COURT
5.
Notification to the State and to the representative. The submission of the case was
notified to the State and to the representative of the alleged victims 2 on January 24 and
30, 2017, respectively.
6.
Brief with pleadings, motions, and evidence. On March 31, 2017, the
representative presented, pursuant to Articles 25 and 40 of the Rules of the Court, its
brief with pleadings, motions, and evidence (hereinafter “brief with pleadings and
motions”) that substantially coincided with the arguments of the Commission and that
requested the Court to declare the State’s international responsibility for violating the
same articles of the Convention that the Commission indicated (supra para. 2). It also
alleged the violation to private property. Finally, it requested that it order that the State
adopt diverse measures of reparation and reimburse costs and expenses.
7.
Answering brief. On July 3, 2017, the State presented its answering brief 3 to the
submission of the case by the Commission and its observations to the brief with pleadings
and motions. It denied the alleged violations and responded to the requests for reparation.
The Commission stated that it did so “in view of the absence of full reparation” and the “need to obtain
justice.”
2
Through a series of communications between the Court’s Secretariat and the persons and organizations
connected to those who had acted as petitioners (supra para. 2), the representation of the alleged victims in
the case was resolved. By communications of January 6, 2017, addressed to those persons and organizations,
the Secretariat informed that “following instructions of the President of the Court […] the sole representative
of the alleged victims, for the pertinent effects related to the proceedings of the case before the Court […],
will be the Mutual Support Group (GAM).”
3
On February 13, 2017, the State appointed Víctor Hugo Godoy Morales and María José Ortiz Samayoa as its
Agents. On September 26, 2017, Guatemala informed of the appointment of Jorge Luis Borrayo Reyes as the
new President of the Presidential Commission on the Coordination of Human Rights Policy for the Executive
1