Inter-American Court of Human Rights
Case of Carpio-Nicolle et al. v. Guatemala
Judgment of November 22, 2004
(Merits, Reparations and Costs)
In the Case of Carpio Nicolle et al.,
the Inter-American Court of Human Rights (hereinafter “the Court” or “the InterAmerican Court”), composed of the following judges:
Sergio García Ramírez, President
Alirio Abreu Burelli, Vice President
Oliver Jackman, Judge
Antônio A. Cançado Trindade, Judge
Cecilia Medina Quiroga, Judge
Manuel E. Ventura Robles, Judge
Diego García-Sayán, Judge, and
Oscar Luján Fappiano, Judge ad hoc;
also present,
Pablo Saavedra Alessandri, Secretary, and
Emilia Segares Rodríguez, Deputy Secretary,
pursuant to Articles 29, 31, 53(2), 56 and 58 of the Rules of Procedure of the Court
(hereinafter “the Rules of Procedure”),1 and with Article 63(1) of the American
Convention on Human Rights (hereinafter “the Convention” or “the American
Convention”), delivers this judgment.
I
INTRODUCTION OF THE CASE
1.
On June 13, 2003, the Inter-American Commission on Human Rights
(hereinafter “the Commission” or “the Inter-American Commission”) filed an
application before the Court against the State of Guatemala (hereinafter “the State”
or “Guatemala”), originating from petition No. 11,333, received by the Secretariat of
the Commission on July 12, 1994.
2.
The Commission filed the application based on Article 61 of the American
Convention, for the Court to decide whether the State had violated Articles 4 (Right
to Life), 5 (Right to Humane Treatment), 8 (Right to a Fair Trial), 13 (Freedom of
1
This judgment is delivered under the terms of the Rules of Procedure adopted by the InterAmerican Court of Human Rights at its forty-ninth regular session in an order of November 24, 2000,
which entered into force on June 1, 2001, and according to the partial reform adopted by the Court at its
sixty-first regular session in an order of November 25, 2003, in force since January 1, 2004.