10. Public hearing. In an order of February 14, 2019,8 the President called the State, the
representatives and the Inter-American Commission to a public hearing to receive their final oral
arguments and observations on the preliminary objection and possible merits, reparations and costs,
and also to receive the statements of one deponent and one witness proposed by the representatives
and the opinions of three expert witnesses propose by the representatives and by the Commission.
The public hearing took place on March 5 and 6, 2019, during the 130th regular session of the Court
held at its seat.9
11. Amicus curiae. On March 22, 2019, the Court received an amicus curiae brief submitted by the
Human Rights Clinic of the Law Faculty at the Universidad de Santa Clara.10
12. Final written arguments and observations. On April 5, 2019, the representatives and the State
forwarded their respective final written arguments, together with several annexes, and the
Commission presented its final written observations.
13.
Deliberation of the case. The Court began deliberating on this judgment on October 9, 2019.
III
JURISDICTION
14. The Court has jurisdiction to hear this case, pursuant to Article 62(3) of the Convention,
because Guatemala has been a State Party to the American Convention since May 25, 1978, and
accepted the contentious jurisdiction of the Court on March 9, 1987.
IV
PRELIMINARY OBJECTION
A.
Arguments of the parties and of the Commission
15. The State argued that the circumstances described in this case were in conformity with
domestic laws in force at the time of the events. It added that the criminal proceedings against Mr.
Ruiz Fuentes constituted res judicata, because the representatives of the alleged victim had
exhausted all the remedies under domestic law in force at the time of the events, which had been
heard and decided promptly by the corresponding judicial organs. It also indicated that it had never
executed the death penalty imposed on Mr. Ruiz Fuentes, because this had been commuted to the
maximum term of imprisonment.
16. The Commission considered that the State’s position did not constitute a preliminary objection
but, fundamentally, related to an issue corresponding to the merits of the matter.
17.
The representatives endorsed the Commission’s opinion.
Cf. Case of Ruiz Fuentes v. Guatemala. Call to a hearing. Order of the President of the Inter-American Court of February
14, 2017. Available at: http://www.corteidh.or.cr/docs/asuntos/ruiz_fuentes_14_02_19.pdf
9
There appeared at this hearing: (a) for the Inter-American Commission: Commissioner Luis Ernesto Vargas Ilva and
legal adviser Silvia Serrano Guzmán; (b) for the representatives of the presumed victims: for the Instituto de Estudios
Comparados en Ciencias Penales de Guatemala (ICCPG), Alejandro Rodríguez, and for the Center for Justice and International
Law (CEJIL), Marcela Martino, Gisela de León, Paola Limón, Luisa Gómez and Camila Ormar, and (c) for the State of
Guatemala: the President of COPREDEH Jorge Luis Borrayo Reyes, the Executive Director of COPREDEH, Felipe Sánchez
González, the Director of Public Defenders, Carla Gabriela Morales, the legal advisers of the Directorate for Monitoring
International Cases, Steffany Rebeca Vásquez and Rafael Eduardo Bran and the prosecutor from the Public Prosecution
Service, Carlos Alberto de León Moreno.
10
The brief, signed by Francisco J. Rivera Juaristi, as Director of the Clinic, related to the death row phenomenon and
the right to personal integrity.
8
6