Guatemala for the alleged violation of the rights indicated in the conclusions to the Merits
Report. Additionally, the Commission asked the Court to order the State to adopt specific
measures of reparation.
II
PROCEEDINGS BEFORE THE COURT
5.
Notification of the case to the State and to the representatives. The Court notified
the Commission’ submission of the case to the State and the representatives3 on January
12, 2021.
6.
Brief with pleadings, motions and evidence. On March 12, 2021, the representatives
presented their brief with pleadings, motions and evidence (hereinafter “pleadings and
motions brief”) with annexes. The representatives agreed in substance with the
Commission’s arguments and conclusions and also alleged the violation of Articles
8(2)(h),4 20(3), 21 and 26 of the American Convention, all in relation to Articles 1(1) and
2 of the Convention, to the detriment of the alleged victim. Lastly, they asked the Court
to order the State to adopt diverse measures of reparation and to reimburse certain costs
and expenses.
7.
Answering brief. On June 14, 2021, the State presented to the Court its brief
answering the submission of the case by the Commission and with observations on the
pleadings and motions brief (hereinafter “the answering brief”)5 with annexes. In this brief,
the State contested the alleged violations.
8.
Public hearing. On February 18, 2022, the President of the Court issued an order
in which he called the parties and the Commission to a public hearing on the merits and
possible reparations and costs, and to receive the final oral arguments and observations
of the parties and of the Commission, respectively.6 Owing to the exceptional
circumstances resulting from the COVID-19 pandemic, the public hearing was held by
videoconference, as established in the Court’s Rules of Procedure, on March 28, 2022,
during the Court’s 147th regular session.7
3
On January 7, 2021, Mr. Hendrix advised that he would continue to represent himself. Subsequently, on
March 12, 2021, in the pleadings and motions brief, he appointed Víctor Manuel Rodríguez Rescia of Servicios
Internacionales de Profesionales en Derechos Humanos (SIPDH) as his representative.
4
It should be noted that, although the representatives indicated the violation of Article 8(2)(h) of the Convention
in their pleadings and motions brief, they did not present specific arguments to substantiate the alleged violation.
Subsequently, no mention was made of this article either during the public hearing or in the final arguments.
Accordingly, the Court will not rule in this regard.
5
On February 3, 2021, the State appointed Jorge Luis Donado Vivar, Attorney General, as its Agent in this
case and Lilian Elizabeth Nájara Reyes and María Gabriela Hernández Siguantay, from the International Affairs
Unit of the Attorney General’s Office, as Deputy Agents.
Cf. Case of Hendrix v. Guatemala. Call to a hearing. Order of the President of the Inter-American Court of
Human Rights of February 18, 2022. Available at: https://www.corteidh.or.cr/docs/asuntos/hendrix 18_02_22
.pdf
6
7
There appeared at this hearing: (a) for the Inter-American Commission: Esmeralda Arosemena de Troitiño,
Commissioner, Marisol Blanchard, Deputy Executive Secretary, Jorge Meza Flores and Christian González,
lawyers of the Commission; (b) for the representatives: Víctor Manuel Rodríguez Rescia, Juan Ignacio Rodríguez
Porras and Bertha Carolina López Pérez from Servicios Internacionales de Profesionales en Derechos Humanos
(SIPDH), and (c) for the State: Jorge Luis Donado Vivar, Attorney General; Lilian Nájara, María Gabriela
Hernández and Rony Rosales from the Attorney General’s Office; Ramiro Alejandro Contreras Escobar, Executive
Director of the Presidential Commission for Peace and Human Rights, and Guisela del Carmen Vargas Juárez,
Director for Legal Affairs, International Treaties and Translations of the Ministry of Foreign Affairs.
4