Inter-American Court of Human Rights
Case of Molina-Theissen v. Guatemala
Judgment of May 4, 2004
(Merits)

In the Case of Molina Theissen,
the Inter-American Court of Human Rights, composed of the following judges:
Sergio García Ramírez, President;
Alirio Abreu Burelli, Vice-President;
Oliver Jackman, Judge;
Antônio A. Cançado Trindade, Judge;
Cecilia Medina Quiroga, Judge;
Manuel E. Ventura Robles, Judge; and
Diego García-Sayán, Judge;
also present,
Pablo Saavedra Alessandri, Secretary;
pursuant to Articles 29, 53, 56, 57 and 58 of the Rules of Procedure of the Court
(hereinafter “the Rules of Procedure”), delivers this judgment.
I
INTRODUCTION OF THE CASE
1.
On July 4, 2003, the Inter-American Commission on Human Rights
(hereinafter “the Commission” or “the Inter-American Commission”) submitted to the
Inter-American Court of Human Rights (hereinafter “the Court” or “the InterAmerican Court”) an application concerning the State of Guatemala (hereinafter “the
State” or “Guatemala”), arising from petition No. 12,101, received by the
Commission’s Secretariat on September 8, 1998.
2.
The Commission submitted the application based on Article 51 of the
American Convention on Human Rights (hereinafter “the American Convention” or
“the Convention”), for the Court to decide whether the State had violated Articles 4
(Right to Life), 5 (Right to Humane Treatment), 7 (Right to Personal Liberty), 8
(Right to a Fair Trial), 19 (Rights of the Child) and 25 (Judicial Protection), all of
them in relation to Article 1(1) (Obligation to Respect Rights) of the American
Convention, and failed to comply with the obligation embodied in Article I of the
Inter-American Convention on Forced Disappearance of Persons (hereinafter “the
Inter-American Convention on Forced Disappearance”). The application relates to the
“forced disappearance of Marco Antonio Molina Theissen, a child of 14 years of age,
who was abducted from his parents’ home by members of the Guatemalan Army on
October 6, 1981.”

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