2
1.
On January 19, 1995 the Inter-American Commission on Human Rights
(hereinafter "the Commission" or "the Inter-American Commission") submitted to the
Court an application against the Republic of Guatemala (hereinafter "the State" or
"Guatemala") which originated in a petition (No. 10.154) received at the Secretariat of
the Commission on February 10, 1988. In its application, the Commission invoked
Articles 50 and 51 of the American Convention on Human Rights (hereinafter "the
Convention" or "the American Convention") and Articles 26 et seq. of the Rules of
Procedure then in force2. The Commission submitted this case for the Court to rule on
whether Guatemala had violated the Convention by the "acts of abduction, arbitrary
detention, inhuman treatment, torture and murder committed by agents of the State
of Guatemala against eleven victims" during 1987 and 1988 (known as the "white van
case" because that type of vehicle was part of the modus operandi). Consequently, the
Commission requested the Court to rule that Guatemala violated the following
provisions:
Article 4 of the American Convention (Right to Life) to the detriment of the following
victims: Ana Elizabeth Paniagua-Morales, Julián Salomón Gómez-Ayala, William Otilio
González-Rivera, Pablo Corado-Barrientos, Manuel de Jesús González-López and Erik
Leonardo Chinchilla.
Articles 5 (Right to Humane Treatment), 7 (Right to Personal Liberty) of the American
Convention, and the obligations established in Articles 1, 6 and 8 of the Inter-American
Convention to Prevent and Punish Torture, to the detriment of Ana Elizabeth PaniaguaMorales, Julián Salomón Gómez-Ayala, William Otilio González-Rivera, Pablo CoradoBarrientos, Manuel de Jesús González-López, Augusto Angárita-Ramírez, Doris Torres-Gil,
José Antonio Montenegro, Oscar Vásquez and Marco Antonio Montes-Letona.
Articles 8 (Right to a Fair Trial) and 25 (Right to Judicial Protection) of the Convention,
which were, and continue to be, violated to the detriment of all the victims in this case.
Article 1(1) (Obligation to Respect Rights) as a consequence of the aforementioned failure
to provide the guarantees enshrined in the Convention.
The Commission also asked the Court to require that the State identify and punish
those responsible for the above-mentioned violations, compensate the victims of those
violations pursuant to Article 63(1) of the Convention, pay them or their relatives the
costs and expenses incurred by them in bringing this case before the Commission and
the Court, and pay a reasonable sum for attorneys’ fees.
II
JURISDICTION OF THE COURT
2.
The Court is competent to hear the instant case. Guatemala has been a State
Party to the Convention since May 25, 1978, accepted the contentious jurisdiction of
the Court on March 9, 1987, and ratified the Inter-American Convention to Prevent
and Punish Torture on January 29, 1987.
III
PROCEEDING BEFORE THE COMMISSION
3.
Case 10.154 was initiated by the Inter-American Commission on the basis of a
petition of February 10, 1988, concerning the disappearance of Ana Elizabeth
Paniagua-Morales which had occurred the previous day.
2
Rules of Procedure of the Inter-American Court of Human Rights, approved by the Court at its XXIII
Regular Session held from January 9 to 18, 1991; amended on January 25 and July 16, 1993.