52
the State in that regard. The State adduced, moreover, that all its actions were
designed to clarify the facts and to punish those responsible.
101. In its brief of closing arguments, the Commission claimed that the requirement
of an arrest warrant issued by a competent judicial authority is the most effective
means of protecting the right to personal liberty, the only exception being an arrest in
flagrante delicto. The Commission alleged that, from the evidence submitted in this
case, it was proven that the victims were deprived of their liberty without judicial
authorization, which in itself violates the fundamental principle established in Article 7
of the American Convention, and that during the proceedings the State neither
produced any warrant in justification of the victims’ detention nor showed that the
arrests had been made in flagrante delito.
102. The Commission further claimed that the Treasury Police did not record the
arrests, prevented the detainees from making any contact with the outside world, did
not present them before any competent judicial authority within the six-hour deadline
prescribed in the Constitution and denied them access to the remedy of habeas corpus
established in Article 7(6) of the Convention. According to the Commission, the
clandestine nature of the arrests in this case denied the victims access to the nonderogable judicial guarantees.
103. Regarding the remedy of habeas corpus, the Inter-American Commission
pointed out that the victims were denied access to simple and prompt recourse
because, in the case of Ana Elizabeth Paniagua-Morales, the writ of habeas corpus filed
by her mother yielded no result. It added that a number of witnesses testified that the
remedy of habeas corpus was ineffectual at the time the events occurred; that 5,729
writs of habeas corpus had been filed between August 1987 and December 1989 and
that 80% of them had not yielded any result. According to the Commission, this claim
was amply corroborated by the reports of experts Anderson (supra, para. 67 (m)),
Mayora (supra, para. 67 (j)) and Molina (supra, para. 67 (n)) to this Court.
104. In its brief of closing arguments, the State maintained that Mr. Augusto
Angárita, Ms. Doris Torres-Gil, Mr. José Antonio Montenegro, Mr. Marco Antonio
Montes-Letona and Mr. Oscar Vásquez were arrested by Treasury Police agents and
later taken before a justice tribunal. Guatemala further stated that
[i]n any event there was room for discussion of the legality or illegality of the arrest but
never the kidnapping. The five appeared before the courts. In the case of Mr. Augusto
Angárita-Ramírez and Ms. Doris Torres-Gil a full trial was conducted up to the point of their
acquittal or conviction, as was the case with Mr. Oscar Vásquez, who had been sentenced
to four years’ imprisonment for the crime of drug trafficking and selling narcotic
substances.
Mr. Montenegro had been convicted and Mr. Montes-Letona acquitted.
Consequently, the State of Guatemala did not violate those persons’ right to personal
liberty.
105. Regarding Ms. Ana Elizabeth Paniagua-Morales, Mr. Julián Salomón GómezAyala, Mr. William Otilio González-Rivera, Mr. Pablo Corado-Barrientos and Mr. Manuel
de Jesús González-López, the State claimed that "[i]t played no part […] in those
persons kidnappings" and that there was no evidence of any motive for the State to
have been involved in the kidnappings and murders described.
106. With regard to the alleged breach of the right of habeas corpus, the State
claimed that no special formalities are attached to this remedy and that any court may
resolve it; further, the remedy could not be effective in the only case in which it was
filed, namely that of Ms. Ana Elizabeth Paniagua-Morales, who had been kidnapped
and subsequently murdered by common criminals.
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