9
40. In the light of the above, as Mr. Blake's fate or whereabouts were not known to his
family until June 14, 1992, that is, after the date on which Guatemala accepted the
contentious jurisdiction of this Court, the preliminary objection raised by the Government
must be deemed to be without merit insofar as it relates to effects and actions subsequent
to its acceptance. The Court is therefore competent to examine the possible violations
which the Commission imputes to the Government in connection with those effects and
actions.
IX
41. The second preliminary objection is based on a claim of this Court's incompetence
owing to the subject, inasmuch as Guatemala considers that the events on which the
application is based do not constitute a violation of any of the human rights and freedoms
recognized in the American Convention and that they are ordinary unlawful criminal acts
which cannot be imputed to the State, since Civil Self-Defense Patrols cannot be presumed
to be agents of the State. Accordingly, if the members of those patrols commit criminal
acts, their liability is direct and individual.
42. The Commission, for its part, asserts that the objection refers to the merits of the
case, inasmuch as establishing whether the alleged facts constitute violations of the
Convention will depend on the evidence supplied by the parties.
43. The Court is of the view that this second objection is not preliminary; that it is, rather,
essentially linked to the merits of the dispute. In order to establish whether the Civil SelfDefense Patrols ought or ought not to be deemed agents of the State and, therefore,
whether the events indicated by the Inter-American Commission are attributable to the
State or, on the contrary, are ordinary crimes, it will be necessary to examine the merits of
the dispute and consider the evidence supplied by the parties. Consequently, this objection
must be rejected on the grounds of inadmissibility.
X
44. The third objection concerns the alleged violation by the Commission of Article 29(d)
of the Convention, which the Government attributes to a “distorted interpretation” of the
human rights recognized in the Convention. The Commission maintains that this objection
also concerns the merits, because only at that stage will the Court be able to establish
whether or not the Commission has correctly interpreted the precepts of the Convention
which the Government claims it has infringed.
45. This Court maintains that the Government's arguments are unclear, since the precept
it invokes (supra, para. 36) has a different meaning to that attributed to it; moreover, the
matter was not clarified at the public hearing held on January 28, 1996. The Government is
apparently contending that the Commission's interpretation of the provisions of the
Convention in which the human rights violated are enshrined is inaccurate. The objection
evidently relates to the merits of the case; therefore this Court may consider whether the
Commission's arguments regarding Guatemala's possible violation of those provisions of the
Convention are well founded. Consequently, this objection should also be dismissed on the
grounds of inadmissibility and the fact that it is not a preliminary objection.
46. As the first preliminary objection is only partially founded and the other two are
inadmissible, the hearing of the case should proceed. Whereas the victim's detention and