7
18.
This Court considers that the petition submitted by the Inter-American Commission
does not seek to review the judgment of the Supreme Court of Guatemala, but seeks a
pronouncement that the State violated several precepts of the American Convention
through the death of the aforementioned persons, which it imputes to members of the
police force of that State, and that the State is therefore responsible.
19.
Consequently, and as the Commission affirmed in its reply to the brief on preliminary
objections, it is a question that concerns the merits of the case; hence the Court considers
that the objection is not preliminary, but rather a question directly linked to the merits of
the controversy.
20.
The Court therefore considers that this preliminary objection should be dismissed as
inadmissible.
VI
Now, therefore,
THE COURT,
DECIDES:
unanimously,
1.
To dismiss as inadmissible the preliminary objection brought by the State of
Guatemala.
2.
To continue to examine the case.
Done in Spanish and English, the Spanish text being authentic, in San José, Costa Rica, on
this eleventh day of September, 1997.
Héctor Fix-Zamudio
President