13
psychiatrists and medication, all of which had affected his family life,
especially since a disappearance had been the cause of his suffering.
32.
On August 7, 1997, the Inter-American Commission submitted the brief
containing its final arguments, in which it maintained that it had fully
demonstrated that Guatemala had violated many of the rights (enshrined) in the
American Convention. It reiterated its request that the Court declare Guatemala
responsible for the forced disappearance of Mr. Nicholas Blake, inasmuch as he
had been abducted and subsequently disappeared as a part of a systematic
practice of the State authorities. The Commission went on to say that, with the
documentary evidence and witnesses' statements, it had been proven that
Guatemala violated the following articles: Right to Personal Liberty (Article 7),
Right to Humane Treatment (Article 5), Right to Life (Article 4), Right to Judicial
Protection (Article 25), Right to a Fair Trial (Article 8), Freedom of Expression
(Article 13), Freedom of Movement and Residence (Article 22), all in conexion to
Article 1(1) of the Convention. It also requested reparations for the damages
caused, through payment of fair compensation to the victim's relatives and
reimbursement of all the costs involved in determining Mr. Nicholas Blake's
whereabouts.
33.
On August 11, 1997, Guatemala submitted the brief containing its final
arguments in which, on the basis of the testimonies of Richard R. Blake, Jr., Justo
Victoriano Martínez-Morales, Ricardo Roberto, and Samuel Blake, and the State's
recognition of the delay in the administration of justice, requested that a
judgment be rendered on the merits, based on the Court's "prudent arbitration",
since as such a judgment would facilitate the reparations proceedings in the case,
which, for procedural reasons could not be opened on April 17, 1997.
34.
On November 26, 1997, the Commission submitted a "complementary"
brief to explain a point contained in the application and request in this case, to
the effect that the Commission:
ha[d] clearly and implicitly expressed in the application, and explicitly in the report
[drawn up pursuant to] Article 50 and in the presentation of the case to the Court, its
evidence, arguments and request with regard to the violation of Article 5, and
ratifie[d] its claim that the acts set out in the application violated, inter alia, that
article of the Convention.
35.
On December 10, 1997, the State submitted the brief containing its
observations on the Inter-American Commission's "complementary" brief, which
pointed out that the subject of that brief had already been settled in operative
paragraph 1 of the judgment on preliminary objections, and that, in accordance
with that judgment, Guatemala "[did] not submit a reply to the arguments
presented" and reiterated the contents of the brief containing its final pleadings.
V
PROVISIONAL MEASURES ADOPTED IN THIS CASE
36.
In the brief of August 11, 1995, received at the Secretariat on that date,
the Inter-American Commission submitted to the Court, pursuant to Article 63(2)
of the American Convention and Articles 23 and 24 of the Rules of Procedure, a
request for provisional measures in the Blake case with regard to the situation
described as "a case of extreme urgency" in order to avoid irreparable damage to
Mr. Justo Victoriano Martínez-Morales, a witness in the case, and his immediate
relatives, Floridalma Rosalina López-Molina (wife), Víctor Hansel Morales-López