4.
Requests of the Commission. Based on the foregoing considerations, the Commission
asked the Court to declare the international responsibility of the State of Guatemala for the
violations indicated in its Merits Report (supra para. 2(c). Likewise, as measures of reparation,
the Commission asked the Court to order the State to implement those included in said Report.
II
PROCEEDINGS BEFORE THE COURT
5.
Notification to the State and the representatives. The submission of the case was notified
to the State and to the representative of the alleged victims 4 by means of communications
dated November 13, 2020.
6.
Failure to submit a brief with pleadings, motions and evidence. On January 23, 2021,
the representative of the alleged victims submitted a request to extend the term to present
the brief with pleadings, motions and evidence (hereinafter “pleadings and motions brief”),
the deadline having expired on January 18, 2021. In a letter dated January 26, 2021, following
the instructions of the President, the representative of the alleged victims was informed that
the period for presenting the pleadings and motions brief could not be extended, and thus the
processing of the case would continue without said brief.
7.
Preliminary objections and answering brief. 5 On January 13, 2021, the State presented
its brief containing its preliminary objections and answer to the submission of the case. 6 In
said brief, the State raised two preliminary objections, denied the violations alleged and
challenged the appropriateness of the measures of reparation requested.
8.
Observations on the preliminary objections. On March 12, 2021, the representative and
the Commission presented, respectively, their observations to the preliminary objections.
9.
Public hearing. In an order issued on May 12, 2021, 7 the President of the Court called
the parties and the Commission to a public hearing on the preliminary objections and possible
merits, reparations and costs. In said order, the Court summoned ex officio two alleged victims
to testify at the public hearing as well as an expert witness offered by the Commission. In
4
On June 8, 2020, the Court was notified that César Augusto Canil Xirum of CALDH would be representing the
alleged victims. In briefs submitted on October 26, 2020, November 9, 2020, February 10, 2021, February 20, 2021,
March 2, 2021, and May 5, 2021, the representative presented and clarified the powers of attorney granted by the
alleged victims. On March 1, 2021, the State of Guatemala presented a brief alleging that some power of attorney
letters were drafted after the deadline granted by the Court, and thus requested that such representation be
disregarded. In a letter dated March 9, 2021, the Secretariat considered that, in order to respect the wishes of the
alleged victims and the principle of procedural economy, the proceedings would continue with a single representative
for all the alleged victims and, therefore, accepted the powers of attorney submitted and clarified by the
representative.
The State appointed Jorge Luis Donado Vivar, Attorney General of the Nation, as permanent agent and Lilian
Elizabeth Nájera Reyes and María Gabriela Hernández Siguantay, of the Unit for International Affairs of the Attorney
General’s Office, as alternate agents.
5
6
The State presented its preliminary objections and answer to the submission of the case on January 13, 2021,
before the deadline for submitting the pleadings and motions brief. In a letter dated February 3, 2021, having refused
to extend the period for the submission of the pleadings and motions brief, the State was asked to confirm whether
this brief was its final version of the response or whether it wished to make additional observations or present a new
brief. In a brief submitted on February 5, 2021, the State confirmed that the brief presented on January 13, 2021
was its final version of the answering brief.
7
Cf. Case of the Former Employees of the Judiciary v. Guatemala. Order of the President of the Inter-American
Court of Human Rights. May 12, 2021. Available at: http://www.corteidh.or.cr/docs/asuntos/extrabajadores
del_organismo_judicial_12_05_21.pdf.
5