2
Trial), 13 (Freedom of Thought and Expression), 22 (Right of Movement and
Residence), and 25 (Right to Judicial Protection), all these in relation to Article
1(1) of the Convention, for the alleged abduction and murder of Mr. Nicholas
Chapman Blake (hereinafter "Nicholas Blake") by agents of the Guatemalan State
on March 28, 1985, and his disappearance, which lasted over seven years until
June 14, 1992. The Commission also asked the Court to find that the State had
violated Article 51(2) of the Convention by its refusal to "implement the
recommendations made by the Commission." It further requested that the Court
declare that Guatemala must:
make full reparation to Nicholas Chapman Blake's next of kin for the grave material
and moral damage suffered as a result of the multiple violations of rights protected by
the Convention and the enormous expenses incurred by the victim's relatives to
establish his whereabouts and identify those responsible for his disappearance and its
subsequent concealment.
Lastly, it asked the Court to order the State to pay the costs "of this case,
including the fees of the professionals who served as the victim's representatives
before the State authorities and in the processing of the case before the
Commission and the Honorable Court."
II
COMPETENCE OF THE COURT
2.
Guatemala has been a State Party to the American Convention since May
25, 1978, and recognized the contentious jurisdiction of the Court on March 9,
1987.
3.
The Court is competent to hear the instant case, in accordance with its
judgment on preliminary objections of July 2, 1996, in which it decided that in
this case its competence extended only to "the effects and acts that occurred
after the date on which Guatemala accepted the competence of the Court"
(operative paragraph 2). In any event, in its prior consideration of the merits,
the Court will reconsider the question of its competence ratione temporis in the
instant case (infra para. 53).
III
PROCEEDING BEFORE THE COMMISSION
4.
The petition against Guatemala, lodged by the International Human Rights
Law Group, was received by the Commission on November 18, 1993, and on
December 6, 1993, it was transmitted to the State, which was asked to submit
information relevant to the case within 90 days. On March 7, 1994, the State
requested an extension of the deadline to enable it to collect the information,
which was granted by the Commission for a period of thirty days.
5.
On April 14, 1994, the State submitted to the Commission its comments
on the case, in which, according to the Commission, "it neither challenged nor
refuted the acts denounced", but rather merely pointed out that the case was
being investigated. On July 27, 1994, the petitioner requested the Commission to
issue a decision on the case, in accordance with Article 50 of the American
Convention.
6.
The Commission placed itself at the disposal of the parties in order to
facilitate a friendly settlement, and invited the parties to a public hearing at its
headquarters on September 16, 1994. At that hearing, Guatemala raised the