2 before the Commission on March 2, 20051 by Pedro Chitay Rodríguez (hereinafter “Pedro Chitay” or “Pedro”), Alejandro Sánchez Garrido, Astrid Odete Escobedo Barrondo and the Azmitia Dorantes Association for Development and Comprehensive Promotion (AADDFI). The Commission adopted the Admissibility Report No. 7/07, in which it declared the admissibility of the case. Later, on October 31, 2008, the Commission approved the Report on Merits No. 90/08, pursuant to the terms of Article 50 of the Convention.2 The report recommended that the State, among other measures, carry out a complete, impartial, effective, and timely investigation to judge and sanction those responsible as well as to recognize their international responsibility for the facts. This report was notified to the State on November 17, 2008. After considering that Guatemala had not adopted its recommendations, the Commission decided to bring the present case to the jurisdiction of the Court. The Commission designated Mr. Santiago A. Canton, Executive Secretary, as Delegate, and Ms. Elizabeth Abi-Mershed, Assistant Executive Secretary, Karla I. Quintana Osuna and Isabel Madariaga, as legal advisors. 2. The petition deals with the alleged forced disappearance of the Mayan indigenous political leader Kaqchikel, Florencio Chitay Nech (hereinafter “Florencio Chitay” or “Mr. Chitay Nech”), which occurred as of April 1, 1981, in Guatemala City, and the ensuing lack of due diligence in the fact-finding investigation, as well as the denial of justice to the detriment of his next of kin. Said disappearance was allegedly executed by armed men exiting a vehicle. Mr. Chitay Nech opposed resistance until one of the men pointed the barrel of a gun at his son, who was a minor, Estermerio Chitay Rodríguez (hereinafter “Estermerio Chitay” or “Estermerio”) who was with him, and therefore he quit resisting and got into the vehicle. According to the petition, a claim was filed this same day before the National Police – for which no action was taken. On October 12, 2004, a habeas corpus appeal was filed, which was declared inadmissible. At a later date, on March 2, 2009, the Executive Director of the Presidential Commission Coordinator of Executive Policy in Human Rights Matters (hereinafter “COPREDEH”) presented before the Public Prosecutor an accusation and formal claim for the forced disappearance of Mr. Chitay Nech. Notwithstanding, according to that alleged, the facts have not been investigated and those responsible have not been prosecuted nor punished after 29 years since the forced disappearance of Florencio Chitay Nech, and his whereabouts are still unknown. According to Article 72(2) of the Inter-American Court’s Rules of Procedure that entered into force on March 24, 2009, “[c]ontentious cases which have been submitted to the consideration of the Court before January 1, 2010, will continue to be processed, until the delivery of a judgment, in accordance with the previous Rules of Procedure.” Hence, the Rules of Procedure of the Court applied in this case correspond to the instrument approved by the Court at its XLIX regular session held from November 16 to 25, 2000, partially reformed by the Court at its LXXXII regular session held from January 19 to 31, 2009. 1 The applicants alleged that the denounced facts configured violations to the Articles 4, 5, 7, 8, 17, 23, and 25 of the American Convention, regarding the obligations that derive from Article 2 of the same instrument, as well as violations to Article II of the Inter-American Convention on Forced Disappearances of Persons. (Annexes to the Application, Appendix 2, f. 56) 2 In the Report of Merits No. 90/08 the Commission concluded that the State violated the rights established in the Articles 3 (Right to Juridical Personality), 4 (Right to Life), 5 (Right to Humane Treatment), 7 (Right to Personal Liberty), 8 (Right to a Fair Trial),17 (Rights of the Family), 19 (Rights of the Child), 23 (Right to Participate in Government) and 25 (Right to Judicial Protection), of the Convention, in relation to Article 1.1(Obligation to Respect Rights) of said instrument, and Articles I and II of the Inter-American Convention on Forced Disappearance of Persons, for the Forced Disappearance of Florencio Chitay Nech. Likewise, concluded that the State violated Articles 5 (Right to Humane Treatment), 17 (Rights of the Family), 8 (Right to a Fair Trial) and 25 (Right to Judicial Protection) of the Convention, against the next of kin of the alleged victim. (Annexes to the Application, Appendix 1, f. 52)