8
which gave rise to the presentation of the petition to the Inter-American Commission
on Human Rights […], had occurred.”
38.
During the first public hearing on April 26, 2004, the Inter-American
Commission indicated that it considered that the State’s acknowledgement of
responsibility (supra para. 36) was a positive measure and accepted the withdrawal
of the preliminary objections filed by the State. The Commission noted that
Guatemala accepted the facts of the case and acknowledged the violation of the
rights cited in both the application and the brief with requests, arguments and
evidence submitted by the representatives. The Commission also requested that it
be considered that the facts of the instant case had been established and that the
Court include them in its judgment. Finally, the Commission requested the Court to
determine the legal effects of the State’s acknowledgement of responsibility, in
accordance with Article 53(2) of the Rules of Procedure, and to “decide to commence
the reparations stage.”
The arguments of the representatives of the victim and his next of kin
39.
During the public hearing of April 26, 2004, the representatives of the victim
and his next of kin stated that they appreciated the State’s acknowledgement of its
responsibility concerning the facts and rights set out in their brief with requests,
arguments and evidence and in the Commission’s application. They also accepted
the State’s withdrawal of its preliminary objections. However, regarding the
consequences of the acknowledgement of the facts and the State’s international
responsibility, the representatives indicated that reparation for the forced
disappearance of Marco Antonio Molina Theissen and for the violations perpetrated
against his next of kin requires that the truth be established. In this regard, the
representatives requested the Court to deliver a judgment that establishes the
causes and consequences of the disappearance of Marco Antonio Molina Theissen,
the modus operandi of the State with regard “to the disappearance of children,” the
institutional actors involved in the facts, and the acts and omissions of the State that
entail its international responsibility, because they considered that the Court’s
judgment plays a fundamental role in restoring the rights of the victims.
*
*
*
ESTABLISHED FACTS
40.
The Court considers that the following facts have been established:
Concerning the internal armed conflict and the forced disappearance of persons
40(1) When the facts took place, the forced disappearance of persons was a
State practice carried out principally by members of the security forces. The
purpose of this practice was to dismantle movements or organizations that
the State identified as having “insurgency” tendencies and to instill fear into
the population;
40(2) The State based itself on the “National Security Doctrine” to
characterize a person as “subversive” or as an “internal enemy,” and this
could be anyone, who genuinely or allegedly supported the fight to change
the established order. The victims hailed from all sectors of Guatemalan
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