2
the abduction, torture and murder of Henry Giovanni Contreras,
Federico Clemente Figueroa Túnchez, Julio Roberto Caal Sandoval and
Jovito Josué Juárez Cifuentes; the murder of Anstraum [Aman]
Villagrán Morales; and the failure of State mechanisms to deal
appropriately with the said violations and provide the victim’s families
with access to justice.
3.
As two of the victims, Julio Roberto Caal Sandoval and Jovito Josué Juárez
Cifuentes, were minors when they were abducted, tortured and murdered, and
Anstraum Aman Villagrán Morales was a minor when he was killed, the Commission
alleged that Guatemala had violated Article 19 (Rights of the Child) of the American
Convention. The Commission requested the Court to order the State to take the
necessary steps to conduct a prompt, impartial and effective investigation into the
facts “so that [the individual responsibilities for the alleged violations may be]
recorded in an officially authorized report” and “those responsible may be punished
appropriately”. It also requested the Court to order the State “to vindicate the
names of the victims and make fair payment to the persons affected by the
violations of the aforementioned rights” and to pay costs to the victims and their
representatives. In its application, the Commission also cited the violation of Articles
1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture
(hereinafter “Convention against Torture”).
II
COMPETENCE OF THE COURT
4.
The Court is competent to hear this case. Guatemala has been a State Party
to the American Convention since May 25, 1978, accepted the contentious
jurisdiction of the Court on March 9, 1987, and ratified the Convention against
Torture on January 29, 1987.
III
PROCEEDINGS BEFORE THE COMMISSION
5.
On September 15, 1994, the Center for Justice and International Law (CEJIL)
and Casa Alianza presented the formal petition corresponding to this case to the
Inter-American Commission. The petition was based on “the death of five youths
and the alleged denial of domestic justice in the case”. On September 20, 1994, the
Commission opened case No. 11,383, transmitted the pertinent parts of the petition
to the State and requested it to provide information on the facts contained in this
communication with a period of 90 days.
6.
During its 87th session, from September 19 to 30, 1994, the Commission
held a hearing on the case. On that occasion, Guatemala presented its reply to the
petition.
7.
On December 15, 1994, the State presented an additional report related to
the Commission’s request of September 20, 1994.
8.
On January 17, 1995, the Commission received the petitioners’ response to
the reply presented to the Commission by the State.