2
Chapman Blake, occurred between 28 and 29 March 1985, -the death having been found or
confirmed more that seven years later, in June 1992,- the Court has before it a case of
disappearance, and must determine, at the next stage of the proceedings, whether or not
that disappearance was forced. In any event, the characterization of the present case as
one of disappearance, requires that this latter be understood in an integral manner,
comprising its multiple aspects.
5.
Indeed, this appears to have been the understanding, at this phase of preliminary
objections, with distinct purposes and conflicting arguments, of both the Inter-American
Commission on Human Rights in its complaint of 3 August 1995, and the Government of
Guatemala in its brief of preliminary objections of 16 September 1995,- as both the
Commission and the Government refer to all the complaints as a whole. This is one aspect
which cannot pass unnoticed.
6.
In presenting its first preliminary objection, Guatemala cites the instrument of its
acceptance of the jurisdiction of the Court on 9 March 1987 (that is, the Governmental
Agreement n. 123-87, of 20 February 1987), Article 2 of which provides that
The acceptance of the competence of the Inter-American Court of Human Rights is effected for an
indefinite period of time, with a general character, on the condition of reciprocity and with the
reservation that cases in which the Court's competence is accepted relate exclusively to events that
occurred after the date on which this declaration is presented to the Secretary of the Organization
of American States.
It should be clarified that the “reservation” reproduced above is not to be understood in the
same sense attributed to the term in the domain of the law of treaties. It is used, rather, in
the sense of a condition expressed by the Guatemalan Government in the terms of
acceptance of the contentious jurisdiction of the Court for “specific cases”, -which
Guatemala is entirely at liberty to do by virtue of the provisions of Article 62(2) of the
American Convention on Human Rights.
7.
The aforementioned brief of preliminary objection adds that
As the Commission accuses the State of Guatemala of the arbitrary and unlawful abduction of Mr.
Nicholas Chapman Blake, of perpetrating his forced disappearance and taking his life, affirming that
all those events occurred on 28 March 1985 in the place known as Los Campamentos in the
Department of Huehuetenango, and that, consequently, on this day Mr. Blake's human rights
recognized by the Convention in its Articles 7, 4, 8, 25, 13, 22 and 1(1) were violated, by the same
token, the Court's incompetence to hear the case is evident, inasmuch as the acceptance of the
compulsory jurisdiction of the Court applies exclusively to cases concerning events that occurred
after the date on which the acceptance was deposited at the Secretariat General of the OAS, that is,
after 9 March 1987, so that the preliminary objection interposed is entirely founded.
Another clarification is worth making here. It has not been shown, as the respondent
Government contends, that the Commission claimed that the death and forced
disappearance of Mr. Nicholas Chapman Blake, and the other alleged violations of the cited
Articles of the American Convention, “all” occurred and ended on 28 March 1985. To the
best of my knowledge the Commission did not make that claim in its complaint, a point duly
clarified by the Commission itself at the public hearing before the Court on 28 January 1996.