2

3.
The Commission also requested the Court to order the State to adopt the
pecuniary and non-pecuniary reparations claimed by the representatives of the
victim and his next of kin. Finally, it requested the Inter-American Court to order
the State to pay the costs resulting from processing the case at the national level,
and at the international level before the bodies of the Inter-American system for the
protection of human rights.
II
COMPETENCE
4.
Guatemala has been a State Party to the American Convention since May 25,
1978, and accepted the obligatory jurisdiction of the Court on March 9, 1987.
Therefore, the Court is competent to hear this case, in accordance with Article 62 of
the Convention. Furthermore, Guatemala has been a State party to the InterAmerican Convention on Forced Disappearance since February 25, 2000.
III
PROCEEDING BEFORE THE COMMISSION
5.
On September 8, 1998, the Center for Justice and International Law and the
Grupo de Apoyo Mutuo [Mutual Support Group] (hereinafter “GAM”) submitted a
petition to the Inter-American Commission, based on the alleged forced
disappearance of Marco Antonio Molina Theissen by the Guatemalan Army. On
February 3, 1999, the Commission forwarded the pertinent parts of the petition to
the State.
6.
On July 31, 2000, the Commission made itself available to the parties in order
to reach a friendly settlement of the matter.
7.
On August 9, 2000, during the procedure for the friendly settlement of
several cases being processed before the Commission, the President of the Republic
of Guatemala, at that time, Alfonso Portillo, acknowledged the State’s “international
responsibility” in the case of Molina Theissen.
8.
On January 31, 2001, the Commission invited the parties to a working
meeting at the seat of the Commission to be held on March 2, 2001, to discuss the
terms of a possible agreement for a friendly settlement. On April 30, 2001, the
petitioners informed the Commission that they intended to withdraw from the
friendly settlement procedure initiated with the State.
9.
On October 10, 2001, the Commission adopted Report No. 79/01, in which it
declared the petition admissible.
10.
On June 3, 2002, the State presented its comments on the merits of the case
and requested the Inter-American Commission to promote actively the friendly
settlement procedure.
11.
On July 4, 2002, the petitioners presented their comments on the merits and
requested the Commission to issue the final report on the case, as stipulated in
Article 50 of the American Convention.

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