3
3.
The Commission requested the Court to declare that the State be responsible for
the violation of the following rights recognized in the Articles: a) 3 (Right to Juridical
Personality), 4 (Right to Life), 5 (Right to Humane Treatment), 7 (Right to Personal
Liberty), and 23 (Right to Participate in Government) of the Convention, in relation with
Article 1(1) (Obligation to Respect Rights) of the same instrument, as well as Articles I and
II of the Inter-American Convention on Forced Disappearance of Persons (hereinafter,
“ICFDP”), to the detriment of Florencio Chitay Nech; b) 8 and 25 (Right to a Fair Trial and
Right to Judicial Protection) of the Convention, in relation to Articles 1(1) (Obligation to
Respect Rights) and 2 (Domestic Legal Effects) of said treaty, to the detriment of Florencio
Chitay Nech and his children, Encarnación, Pedro, Eliseo, Estermerio, and María Rosaura,
all with the last name of Chitay Rodríguez; c) 5 (Right to Humane Treatment) and 17
(Rights of the Family) of the Convention, in relation with Article 1(1) of the same
instrument, to the detriment of Encarnación, Pedro, Eliseo, Estermerio and María Rosaura,
all with the last name of Chitay Rodríguez, and d) 19 (Rights of the Child) of the
Convention, in relation with Article 1(1) of the same instrument, to the detriment of the
then underage Estermerio Chitay. Finally, the Commission requested the Tribunal to order
the State to adopt various non-pecuniary measures, as well as the payment of costs and
expenses.
4. On July 17, 2009, Ms. Astrid Odete Escobedo Barrondo and Mr. Carlos María Pelayo
Möller, representatives of the alleged victims (hereinafter “the representatives”), presented
a written brief containing pleadings, motions, and evidence (hereinafter “brief of pleadings
and motions”). In addition to that indicated by the Commission, the representatives
sustained, inter alia, that the State is responsible for the violation of the rights recognized
in Articles 21 (Right to Property) and 22 (Freedom of Movement and Residence) of the
Convention, in relation with Articles 1(1) and 2 of the same instrument, to the detriment of
Florencio Chitay Nech, his wife Marta Rodríguez Quex, his sister-in-law Amada Rodríguez
Quex, and his children Encarnación, Pedro, Eliseo, Estermerio, and María Rosaura, all with
the last name of Chitay Rodríguez. Also, they maintained that the State is responsible for
the violations of Articles 8 and 25 of the Convention, in relation with Articles 1(1) and 2 of
the same instrument, as well as Articles 5 and 17 of the Convention, in relation with Article
1(1) of the same treaty, to the detriment of the children of Florencio Chitay, as well as to
the detriment of Marta and Amada, both with the last name of Rodríguez Quex. Regarding
the alleged violation of Article 19 of the Convention, they requested that it be declared to
the detriment of those who were children at the time, Eliseo, Estermerio and María
Rosaura, with the last name of Chitay Rodríguez. Finally, the representatives requested the
Tribunal to order the State to adopt various pecuniary and non-pecuniary reparation
measures, and to reimburse the costs and expenses of the present case incurred
throughout the process, ranging from the request brought before the Commission to the
proceedings carried out before the Court.
5. On October 19, 2009, the State presented its brief of preliminary objections, the
answering to the petition, and comments on the brief of motions and pleadings,
(hereinafter “response to the petition”). In said brief, the State expressed that it “partially
accepted the petition.” Notwithstanding, the State denied its international responsibility
regarding the alleged violation of Articles 3, 8, and 25 of the Convention. Also, the State
brought forth two preliminary objections, one regarding the lack of exhaustion of domestic
remedies in relation with Articles 21 and 22 of the Convention alleged by the
representatives, and another regarding the “objection to reach a friendly settlement.” On
June 12, 2009, the State named Ms. Delia Marina Dávila Salazar as State Agent and Ms.
María Elena de Jesús Rodríguez López as Alternate Agent.