4
representatives of both parties. According to the Commission, "the Government’s final
written communication on the merits of the case" was submitted at that hearing.
14. With regard to the proceeding before the Commission, the latter pointed out that
"at no time did the Government dispute the occurrences of the crimes on which this
case is based", but rather merely stated that the domestic remedies were operative
and that the proceeding was at the pre-trial ("sumario") stage.
15. On September 28, 1994, the Commission approved Report 23/94, in the
operative part of which it was decided:
1.
To admit the present case.
2.
To declare that the Government of Guatemala has failed to fulfill its obligations to
respect the rights and freedoms contained in the American Convention on Human
Rights, and to ensure their enjoyment as provided for in Article 1 of that instrument.
3.
To declare that the Government of Guatemala violated the human rights of the victims
in this case, as provided for by Articles 4(1), 5(1), 5(2), (7), 24 and 25 of the American
Convention.
4.
To recommend to the Government of Guatemala that it take the following measures:
a.
investigate the violations that occurred in this case and try and punish those
responsible;
b.
take the necessary measures to avoid the recurrence of these violations;
c.
pay just compensation to the victims’ next of kin.
5.
To transmit this report to the Government of Guatemala and to provide the Government
with 60 days to implement the recommendations contained herein. The 60-day period
shall begin as of the date this report is sent. During the 60 days in question, the
Government may not publish this report, in accordance with Article 47(6) of the
Commission’s Regulations.
6.
To submit this case to the Inter-American Court on Human Rights in the event that the
Government of Guatemala should fail to implement all the recommendations contained
herein.
16. The Commission transmitted this report to the State on October 20, 1994, along
with a request that the State report on the measures taken to resolve the denounced
situation within a 60 day period. The State did not reply to that request, and did not
submit its comments on Report 23/94 nor ask for it to be reconsidered.
17. On December 13, 1994, the petitioners sent to the Commission a request for
precautionary measures to protect seven members of Oscar Vásquez’s relatives. On
the same day, the Commission requested the State to take all the measures necessary
to protect the lives, physical safety and liberty of the members of the Vásquez
relatives named in the request.
IV
PROCEEDING BEFORE THE COURT
18. In accordance with the decision adopted during its 87th. Regular Session (supra,
para. 15(6)), the Commission submitted the application to the Inter-American Court
on January 19, 1995.
19. The Inter-American Commission appointed Claudio Grossman as its Delegate
before the Court, Edith Márquez-Rodríguez, David J. Padilla, Elizabeth Abi-Mershed
and Osvaldo Kreimer as its Attorneys, and the following persons as its Assistants, also