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translate into deprivation or denial of justice. In the specific case, Guatemala
failed to fulfill the obligation to provide simple, prompt and effective judicial
recourse to Mr. Nicholas Blake's relatives. This was due to the fact that as the
Guatemalan authorities impeded the clarification of the cause of Mr. Nicholas
Blake's death and disappearance, and delayed the investigation of the facts and
the institution of any judicial proceedings. At the same time, army officers
denied to the family and to diplomatic officials of the Government of the United
States of America that the Army was aware of the circumstances of the case. Mr.
Nicholas Blake's relatives were deprived of the right to an independent judicial
process within a reasonable time and were consequently prevented from
obtaining fair compensation. The Commission observed that in Guatemala the
possibility of initiating a compensatory action was not necessarily linked to the
criminal process but that, however, such action must be filed against a specific
person or body in order to establish responsibility for the alleged facts and the
payment of the appropriate indemnities. The State's obstruction and delay of the
investigation made it impossible for such a liability action to be brought in the
case.
92.
The Commission argued that, as had been decided in the Velásquez
Rodríguez Case, it is the responsibility of the State to conduct serious judicial
investigations into human rights violations committed on its territory and not the
responsibility of private persons. In the instant case, the actions of Mr. Nicholas
Blake's relatives in the investigation were essential in given State's failure to
investigate it. Making the situation even more serious was the fact that the
investigation was hampered by State agents. Mr. Nicholas Blake's relatives spoke
to Guatemalan civilian and military officials for the specific purpose of discovering
what had occurred; however, no serious judicial investigation was conducted into
the facts surrounding the disappearance.
93.
The Commission maintained that in this case there was a failure to comply
with the provision of the Convention that established that a hearing must take
place within a reasonable time, as recognized by Guatemala on April 16, 1997.
According to the Commission, Mr. Nicholas Blake's forced disappearance began
twelve years ago, no judgment has yet been issued, and it was only in 1997 that
a person allegedly implicated in the events was detained, although the
Guatemalan authorities were in possession of the pertinent information since the
previous decade. It further stated that the violation of Article 8 of the Convention
goes beyond the problem of reasonable time, inasmuch as justice was also
obstructed by the State authorities, who deliberately concealed the information
they had received.
94.
The Commission pointed out that the ordinary courts in Guatemala lacked
competence to try army personnel and that habeas corpus proceedings were
ineffective. The prosecutors and judges who were investigating grave human
rights violations received constant threats against their lives and those of their
relatives. Moreover, it pointed out that as a result of the climate of impunity
generated by the deficiencies of the judicial system that existed in Guatemala at
the time of Mr. Nicholas Blake's disappearance, the victims' relatives lacked
access to prompt and effective judicial recourse since Guatemala, through its
agents' repeated actions, abducted and disappeared Mr. Blake to allow the crime
committed to go unpunished. The Guatemalan authorities obstructed the
investigations which sought to shed light on the victim's death and
disappearance.
95.
The State denied statements to the effect that Mr. Nicholas Blake was
intercepted by agents of the State, taken to a place of detention, subjected to