I INTRODUCTION TO THE CASE AND PURPOSE OF THE DISPUTE 1. On February 9, 2011, pursuant to the provisions of Articles 51 and 61 of the Convention and Article 35 of the Court’s Rules of Procedure, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted case No. 12,343 against the Republic of Guatemala (hereinafter “the State” or “Guatemala”) to the jurisdiction of the Inter-American Court (hereinafter “the submission brief”). The initial petition was lodged before the Inter-American Commission on August 22, 2000, by the Grupo de Apoyo Mutuo (hereinafter also “GAM”), represented by Mario Alcides Polanco Pérez. On October 21, 2006, the Commission approved Admissibility Report No. 91/06. 2 On October 22, 2010, in accordance with Article 50 of the American Convention, the Commission approved Merits Report No. 117/10 (hereinafter also “the Merits Report” or “Report No. 117/10”). 3 This report was forwarded to the State on November 9, 2010, and on January 20, 2011, the State presented a report on the measures adopted to comply with its recommendations. The Commission decided to submit this case to the Inter-American Court, “owing to the need to obtain justice for the [presumed] victims, and to the State’s failure to provide detailed and substantial information regarding compliance with the recommendations.” The Commission appointed Dinah Shelton, Commissioner, and Santiago A. Canton, then Executive Secretary, as delegates, and Elizabeth Abi-Mershed, Deputy Executive Secretary, Isabel Madariaga and Karla Quintana Osuna, Executive Secretariat lawyers, as legal advisors. 2. According to the Commission, this case concerns the alleged “forced disappearance of Edgar Fernando García, trade unionist and student leader, who [presumably] was shot and arrested by members of the Special Operations Brigade of the Guatemalan National Police on February 18, 1984, and whose whereabouts remain unknown to this day.” 3. In its Merits Report, the Commission indicated that Edgar Fernando García, his wife, Nineth Varenca Montenegro Cottom, his daughter, Alejandra García Montenegro, and his mother, María Emilia García, were the presumed victims in this case. In addition, in its submission brief it “informed the Court” that following notification of the Merits Report, the representatives had indicated that the following persons “should also be considered [presumed] victims: Mario Alcides Polanco Pérez, who [they identified] as a friend of the family of Edgar Fernando García and promoter of the case, and Andrea Polanco Montenegro, daughter of Nineth Varenca [Montenegro] Cottom.” 4. Based on the foregoing, the Commission asked the Court to declare the international responsibility of Guatemala for the alleged violation of Articles 3 (Right to Juridical Personality), 4 (Right to Life), 5 (Right to Humane Treatment), and 7 (Right to Personal Liberty) of the American Convention, in relation to Article 1(1) (Obligation to Respect Rights) of this instrument and to Article I of the Inter-American Convention on Forced Disappearance of Persons (hereinafter “Inter-American Convention on Forced Disappearance”), to the detriment of Edgar Fernando García; Articles 8 (Right to a Fair Trial) and 25 (Right to Judicial Protection) of the American Convention, in relation to Articles 1(1) and 2 (Domestic Legal Effects) of this instrument and to Article I of the Inter-American Convention on Forced Disappearance, to the detriment of Edgar Fernando García, Nineth 2 Cf. Admissibility Report No. 91/06, Case 12,343, Edgar Fernando García v. Guatemala, October 21, 2006 (file of annexes to the merits file, appendix 1, folios 1238 to 1246). 3 Cf. Merits Report No. 117/10, Case of 12,343, Edgar Fernando García v. Guatemala, October 22, 2010 (merits file, tome I, folios 6 to 56). 4