2
Thought and Expression), 19 (Rights of the Child) and 25 (Right to Judicial
Protection) of the said Convention, all of them in relation to Article 1(1) (Obligation
to Respect Rights) thereof. The application indicated that on July 3, 1993, “the
delegation [of the journalist and politician Jorge Carpio Nicolle2] was [allegedly]
surrounded by more than 15 armed men in the proximity of the place known as
Molino El Tesoro, in the municipality of Chichicastenango, [El] Quiché, and when they
had identified him, they [allegedly] shot him at pointblank range. During the
[alleged] attack, the following persons were killed: [Jorge Carpio Nicolle,] Juan
Vicente Villacorta [Fajardo]3, Alejandro Ávila Guzmán and Rigoberto Rivas González,
and Sydney Shaw [Díaz]4 was injured.” The Commission alleges that Jorge Carpio
Nicolle and his delegation, composed of Martha Arrivillaga de Carpio,5 Juan Vicente
Villacorta Fajardo, Mario Arturo López Arrivillaga,6 Sydney Shaw Arrivillaga,7 Ricardo
San Pedro Suárez, Alejandro Ávila Guzmán, Rigoberto Rivas González and Sydney
Shaw Díaz, were supposedly attacked by members of the Self-Defense Patrols
(hereinafter “the PAC”) of San Pedro de Jocopilas. It alleged that there were
irregularities in the subsequent domestic criminal proceedings, as well as a lack of
investigation and criminal sanction of those who perpetrated and masterminded the
attack.
3.
The Commission also asked the Court, in accordance with Article 63(1) of the
Convention, to order the State to adopt specific measures of reparation indicated in
the application. Lastly, it requested the Inter-American Court to order the State to
pay the costs and expenses arising from processing the case in the domestic
jurisdiction and before the organs of the inter-American system.
II
JURISDICTION
4.
Guatemala has been a State Party to the American Convention since May 25,
1978, and recognized the contentious jurisdiction of the Court on March 9, 1987.
Therefore, the Court has jurisdiction to hear this case in the terms of Article 62 and
63(1) of the Convention.
III
2
This name also appears as “Jorge Rafael Carpio Nicolle.” Hereinafter, the Court will use “Jorge
Carpio Nicolle” or “Mr. Carpio Nicolle.”
3
This name also appears as “Juan Vicente Roberto Villacorta Fajardo” and as “Juan Vicente
Villacorta.” Hereinafter, the Court will use “Juan Vicente Villacorta Fajardo” or “Mr. Villacorta Fajardo.”
4
This name also appears as “Sydney Eduard Collin Ryley Shaw Díaz”, “Sidney Eduard Collin Ryley
Shaw Díaz”, “Sidney Shaw” and “Sidney Shaw Díaz.” Hereinafter, the Court will use the name “Sydney
Shaw Díaz.”
5
This name also appears as “Marta Arrivillaga de Carpio” and as “Martha Elena Arrivillaga
Orantes.” Hereinafter, the Court will use “Martha Arrivillaga de Carpio” or “Mrs. Arrivillaga de Carpio.”
6
This name also appears as “Mario López Arrivillaga”. Hereinafter, the Court will use “Mario Arturo
López Arrivillaga” or “Mr. López Arrivillaga.”
7
This name also appears as “Sidney Shaw Arrivillaga” and as “Sydney Eduardo Shaw Arrivillaga.”
Hereinafter, the Court will use “Sydney Shaw Arrivillaga” or “Mr. Shaw Arrivillaga.”