REPORT N° 7/07 PETITION 208-05 ADMISSIBILITY FLORENCIO CHITAY NECH ET AL. GUATEMALA February 27, 2007 I. SUMMARY 1. On March 2, 2005, the Inter-American Commission on Human Rights (hereinafter "the Inter-American Commission," "the Commission" or the "IACHR") received a petition from Pedro Chitay Rodríguez, Alejandro Sánchez Garrido, Astrid Odete Escobedo Barrondo and the Azmitia Dorantes Comprehensive Development and Promotion Association [Asociación Azmitia Dorantes para el Desarrollo y Fomento Integral] represented by Irma Graciela Azmitia Dorantes (hereinafter "the petitioners") alleging the responsibility of the Republic of Guatemala (hereinafter "the State" or "the Guatemalan State") because personnel of the Guatemalan army allegedly took part on April 1, 1981, in the forced disappearance of the indigenous political leader Florencio Chitay Nech (hereinafter "the alleged victim") presumably as a reprisal for his activities in the cooperative movement and the Guatemalan Christian Democratic Party. 2. The petitioners allege that the facts of the case constitute a violation of Articles 4, 5, 7, 8, 17, 23 and 25 of the American Convention on Human Rights (hereinafter the "Convention" or the "American Convention") in conjunction with the obligations prescribed by Article 2 thereof, and Article II of the Inter-American Convention on Forced Disappearance of Persons. Regarding admissibility, the petitioners maintain that 25 years after the events took place the Guatemalan authorities have neither investigated the disappearance of Florencio Chitay Nech nor compensated his family. 3. The State asked for the petition to be ruled inadmissible because of failure to exhaust internal remedies, and proposed transferring the case of Florencio Chitay Nech to the National Compensation Program (hereinafter the "PNR") in order to compensate his family. 4. After reviewing the positions of the parties the Commission ruled the case admissible with respect to Florencio Chitay Nech and his family, under Article 46 of the American Convention in connection with Articles 4, 5, 7, 8, 17, 19, 23 and 25, along with Article 1(1) thereof, as well as in relation to Article I of the Inter-American Convention on Forced Disappearance of Persons. Consequently, it decided to so notify the parties, to continue examining the substance of the alleged violations of the American Convention, to publish this Admissibility Report and to include it in its Annual Report to the OAS General Assembly. II. PROCEEDINGS BEFORE THE COMMISSION 5. The Commission received the petition on March 2, 2005, and assigned it number P-208-05. On May 12, 2005, it conveyed the petition to the State, requesting comments within two months. On July 6, 2005, the State asked for a 30-day extension to file its answer. The IACHR granted it on August 3, 2005. On September 19, 2005, the State presented its comments on admissibility, which were conveyed to the petitioners on September 22, giving them a month to comment. On October 24, 2005, the IACHR received the petitioners' reply, which was made available to the State for comments to be filed within a month. On January 18, 2006, the IACHR received the State's comments and forwarded them to the petitioners on February 14, 2006, giving them 15 days to comment. On March 6, 2006, the petitioners replied, and on March 23, 2006, the State was asked to comment. On April 7, 2006, the petitioners' reply of March 6, 2006 was again transmitted to the State, giving it one month to comment. On April 24, 2006, the IACHR received the State's comments. On May 4, 2006, it forwarded those comments to the petitioners. 1

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