The State ratified the American Convention on Human Rights on May 25, 1978, and accepted the Court’s
competition jurisdiction on May 9, 1987.
The Commission has designated Commissioner James Cavallaro and the Executive Secretary, Emilio Álvarez
Icaza L., as its delegates. In addition, Elizabeth Abi-Mershed, Assistant Executive Secretary, as well as Silvia Serrano
Guzmán, and Erick Acuña Pereda, both attorneys with the Executive Secretariat of the IACHR, will serve as legal
advisers.
As per Article 35 of the Inter-American Court’s Rules of Procedure, the Commission attaches a copy of Report
6/14, prepared pursuant to Article 50 of the Convention, as well as a copy of the entire record before the InterAmerican Commission (Appendix I) and the attachments used in the preparation of Report 6/14 (Attachments).
On ruling on the merits, the Inter-American Commission reached the conclusion that the State of Guatemala is
internationally responsible for the violation of the rights established at Articles 3, 4, 5, 6, 7, 8, 11, 12, 16, 17, 19, 21, 22,
23, 24, and 25 of the American Convention in relation to the obligations established at Article 1(1) of the same
international instrument; Article I of the Inter-American Convention on Forced Disappearance of Persons; and Article
7 of the Convention of Belém do Pará.
The State of Guatemala was given notice of that report on the merits by communication of May 5, 2014; it was
given two months to report on compliance with the recommendations.
The State of Guatemala filed a report by which it referred to the recommendations made by the Commission.
The State indicated in general terms the existence of the National Reparation Program and noted that the National
Forensic Science Institute is operating, without specifying the concrete mechanisms implemented to make reparation
to the victims, survivors, and next-of-kin in the instant case, and without securing the identification of the mortal
remains. In addition, as regards the investigations, the State indicated that they would continue and invoked the Law
on National Reconciliation, specifying that the State cannot repudiate the domestic legal framework. The State did not
request an extension to comply with the recommendations.
Accordingly, the Commission decided to submit the instant case to the jurisdiction of the Inter-American
Court in view of the need to obtain justice for the victims, survivors, and next-of-kin given the failure to carry out the
recommendations.
The Inter-American Commission submits to the jurisdiction of the Court the acts and omissions that occurred
or that continued after March 9, 1987, the date of acceptance of the Inter-American Court’s contentious jurisdiction by
the State of Guatemala. Accordingly, the Commission notes that the forced disappearances continued and continue
taking place after that date, along with the omissions in the identification of the victims’ mortal remains, forced
displacement, and other related violations, as well as the failure to conduct a diligent and effective investigation or to
make integral reparation to the victims, next-of-kin, and survivors for all the facts of the case. This submission by the
Commission is without prejudice to whether the State of Guatemala accepts the jurisdiction of the Court to hear the
totality of the instant case, in keeping with what is stipulated at Article 62(2) of the American Convention.