3
And decided:
[…] To urge the State to adopt all necessary measures to comply promptly and
effectively with the reparations ordered in the Judgments of January 24, 1998, and
January 22, 1999, which are pending compliance, pursuant to the provisions of Article
68(1) of the American Convention on Human Rights.
[…]
5.
The briefs submitted on May 7, 2004 and August 17, 2005, whereby the State
of Guatemala (hereinafter, the “State”) informed that:
a.
“the regional delegate of [the Presidential Commission on Human Rights
(hereinafter "COPREDEH”) visited the Criminal Investigation Section […] in the
Department of Huehuetenango [and] requested information from the Prosecution Office
of the District in order to obtain information regarding the progress made to effectively
apprehend Mr. Candelario López Herrera, Hipólito Ramos Garcia and Mario Cano
Saucedo, but had no positive answer up to the moment". Furthermore, it noted that
“notwithstanding the efforts made by the State of Guatemala, through its competent
authorities, in order to comply with the apprehension orders issued against Mr.
Candelario López Herrera, Hipólito Ramos García and Mario Cano Saucedo, the
whereabouts of the accused could not be determined”. At the moment, the criminal
action against Mario Cano Saucedo and Hipólito Ramos García is under investigation
and,
b.
“the conviction of Mr. Vicente Cifuentes López for the crime of murder which
sentenced him to 28 years of immutable imprisonment […] is final," that as a
consequence of "having declared unfounded the Appeal filed by the defense.”
6.
The notes of July 1, 2004 and September 30, 2005, by which the InterAmerican Commission of Human Rights (hereinafter, the “Commission” or the “InterAmerican Commission”) submitted its observations to the reports presented by the
State (supra, Having Seen clause 5). In said notes, “the Commission acknowledge[d]
the efforts made by the State […] as to the affirmation [...] of the conviction against
Mr. Vicente Cifuentes López [and observed that] there has been no progress as to
the obligation to investigate, prosecute and punish the responsible in the instant
case". Furthermore, it pointed out that "the State fails to indicate [...] the type and
date of the proceedings carried out to execute the apprehension orders" issued
against Mr. Candelario López Herrera, Hipólito Ramos García and Mario Cano
Saucedo and that it just "confirms that the corresponding apprehensions have not
been executed."
Thus, it requested the Court to order the State “to adopt,
immediately and specifically, all the measures necessarily to comply with the
obligation to investigate, prosecute and punish the responsible of the violations of
human rights as declared by the Court in the [instant] case.”
7.
The Order issued by the President of the Inter-American Court (hereinafter,
the “President of the Court”) on October 29, 2007, whereby, in exercise of the
Court’s power to monitor compliance with its decisions, in consultation with the other
Judges of the Tribunal and pursuant to Articles 67 and 68(1) of the American
Convention on Human Rights (hereinafter, the "American Convention" or the
"Convention") it was decided to summon the Inter-American Commission, the