5
reiterated this acknowledgment before the Tribunal, reason for which we shall
precise the terms and scope of the same.
13.
In what refers to the anticipated termination of the process, Articles 53, 54,
and 55 of the Rules of Procedure regulate the figures of discontinuance, friendly
settlement, and continuation of a case.6
14.
The Agreement signed by the State and the representatives during the
process before the Commission gives expression to the acknowledgment of
international responsibility made by the State in the following terms:
[…] Guatemala acknowledges [the] International Responsibility for the violation of the
human rights of Maria Tiu Tojín and Josefa Tiu Tojín established in the American
Convention on Human Rights, specifically in what refers to Articles 1(1) Obligation to
respect rights, Art. 4(1) Right to life, Art. 5 Right to Humane Treatment, Art. 7 Right to
Personal Liberty, Art. 19 Rights of the Child, Art. 8 Right to a Fair Trial, Art. 25 Right to
Judicial Protection, as well as Article 1 of the Inter-American Convention on the Forced
Disappearance of Persons. This acknowledgment does not prejudge individual
responsibilities pursuant with domestic legislation.
The main grounds for compliance of said recommendations is to cooperate in reaching
national reconciliation through the search for truth and the administration of justice in
those cases whose nature allows it; the dignification of the victim and their next of kin;
the assistance or reparation resulting from the alleged violation; and the strengthening
of the Inter-American System for the Promotion and Protection of Human Rights.
15.
By virtue of said agreement the Guatemalan State promised to carry out the
following actions of compliance and/ or reparation measures:
6
•
Hold a public act of apology and deliver an apology letter from the State to the next
of kin of the victims;
•
develop an immediate, impartial, and effective investigation that will establish the
identity of the authors of the violations to the human rights of the [alleged] victims
and in its case start a criminal proceeding against them;
•
inform the petitioners and the Commission, every two months, of the progress of
the investigation to be carried out by the Prosecutor’s Office to find the planners
and perpetrators of the forced disappearance of Maria Tiu Tojín and Josefa Tiu Tojín;
Article 53. Discontinuance of a Case
1.
When the party that has brought the case notifies the Court of its intention not to
proceed with it, the Court shall, after hearing the opinions of the other parties thereto,
decide whether to discontinue the hearing and, consequently, to strike the case from its list.
2.
If the respondent informs the Court of its acquiescence to the claims of the party
that has brought the case as well as to the claims of the representatives of the alleged
victims, their next of kin or representatives, the Court, after hearing the opinions of the
other parties to the case, shall decide whether such acquiescence and its juridical effects are
acceptable. In that event, the Court shall determine the appropriate reparations and
indemnities.
Article 54. Friendly Settlement
When the parties to a case before the Court inform it of the existence of a friendly
settlement, compromise, or any other occurrence likely to lead to a settlement of the
dispute, the Court may strike the case from its list.
Article 55. Continuation of a Case
The Court may, notwithstanding the existence of the conditions indicated in the preceding
paragraphs, and bearing in mind its responsibility to protect human rights, decide to
continue the consideration of a case.