e) Notification to the State. The Merits Report was notified to the State on August 30, 2017. The
Guatemalan State failed to present a response within the time frame indicated by the
Commission.
3.
Submission to the Court. On November 30, 2017, the Commission submitted to the jurisdiction
of the Inter-American Court all the facts and human rights violations described in the Merits Report
“owing to the need to obtain justice and reparation.”6
4.
The Inter-American Commission’s requests. Based on the foregoing, the Commission asked the
Court to declare the international responsibility of the State for the violations indicated in its Merits
Report. The Commission also asked the Court to order the State to adopt measures of reparation
and these are described and analyzed in Chapter IX of this judgment.
II
PROCEEDINGS BEFORE THE COURT
5.
Notification to the representatives and to the State. The Court notified the Commission’s
submission of the case to the presumed victims’ representatives7 (hereinafter “the representatives”)
and to the State on February 12, 2018.
6.
Brief with pleadings, motions and evidence. On April 13, 2018, the representatives submitted
to the Court their brief with pleadings, motions and evidence (hereinafter “the pleadings and motions
brief”). The representatives were in substantial agreement with the allegations made by the
Commission and asked the Court to declare the international responsibility of the State for the
violation of the same articles that the Commission alleged had been violated and, also, Article 7(1),
7(2), 7(3), 7(4) and 7(5), in relation to Article 1(1) of the American Convention, to the detriment of
Hugo Humberto Ruiz Fuentes. In addition, through their representatives, the alleged victims
requested access to the Victims’ Legal Assistance Fund of the Inter-American Court (hereinafter “the
Court’s Legal Assistance Fund” or “the Fund”). Lastly, the representatives asked the Court to order
the State to adopt diverse measures of reparation and to reimburse certain costs and expenses.
7.
Answering brief. On August 14, 2018, the State submitted to the Court its brief answering the
Inter-American Commission’s submission of the case and its Merits Report and the representatives’
brief with pleadings, motions and evidence (hereinafter “the answering brief”). In this brief, the State
filed a preliminary objection of res judicata and contested the alleged violations and the requests for
measures of reparation.
8.
Observations on the preliminary objection. On October 4, 2018, the Commission presented its
observations on the preliminary objection filed by the State. On October 18, 2018, the
representatives submitted their respective observations.
9.
Victims’ Legal Assistance Fund. In a communication of the Court’s Secretariat of October 12,
2018, the alleged victims’ request, through their representatives, to access the Court’s Legal
Assistance Fund was declared admissible.
instrument, to the detriment of Hugo Humberto Ruiz Fuentes.” The Commission also concluded that the State had violated
“the right to personal integrity, judicial guarantees and judicial protection established in Articles 5(1), 8(1) and 25(1) of the
American Convention in relation to the obligations established in Article 1(1) of this instrument, to the detriment of the family
members of Hugo Humberto Ruiz Fuentes.” Lastly, the Commission concluded that the State had violated “Articles 1, 6 and 8
of the Inter-American Convention to Prevent and Punish Torture.”
6
The Commission appointed Commissioner Luis Ernesto Vargas Silva and Executive Secretary Paulo Abrão as its
delegates before the Court. In addition, it appointed Elizabeth Abi-Mershed, Deputy Executive Secretary at the time, and also
Silvia Serrano Guzmán, Executive Secretariat lawyer, as legal advisers.
7
The Center for Justice and International Law (CEJIL) and the Instituto de Estudios Comparados en Ciencias Penales de
Guatemala (ICCPG) represented the alleged victims in this case.
5