d)
Notification to the State. The Commission notified the State of the Report in a
communication dated April 19, 2018, granting it a period of two months to report on
compliance with the recommendations. The State submitted a brief in which it rejected
the conclusions and recommendations of Merits Report No. 132/17.
3.
Submission of the Case to the Court. On April 19, 2018, the Commission submitted all
the facts and alleged human rights violations described in the Admissibility and Merits Report
to the Court.5
4.
Request of the Inter-American Commission. Based on the above, the Commission
asked the Court to conclude and declare Guatemala’s international responsibility for the
alleged violation of the rights indicated above in the conclusions of the Admissibility and Merits
Report. Additionally, the Commission asked the Court to order the State to provide certain
reparation measures that will be detailed and analyzed in the corresponding chapter.
II
PROCEEDINGS BEFORE THE COURT
5.
Notification of the case to the State and the representatives. The submission of the
case was notified to the representatives of the alleged victims on June 26, 2018, and to the
State on June 7, 2018.
6.
Brief with pleadings, motions and evidence. On August 27, 2018, the Institute of
Comparative Studies in Criminal Sciences and the Institute of Public Criminal Defense
(hereinafter also “IDPP”) presented their brief of pleadings, motions and evidence (hereinafter
also “pleadings brief”), in accordance with articles 25 and 40 of the Rules of Procedure. The
representatives substantially agreed with the Commission's arguments and additionally
requested the Court to declare the international responsibility of the State for the violation of
the rights enshrined in Articles 7(1) to 7(6), 8(2)(c), 8(2)(d), 8(2)(e), 17, 19, and 25(2) of
the American Convention and article 7 of the Inter-American Convention for the Prevention
and Punishment of Torture (hereinafter also “IACPPT”). Finally, the representatives requested
various measures of reparation and reimbursement of costs and expenses. In addition, they
applied to the Victims' Legal Assistance Fund.
7.
Answering brief. – On December 17, 2018, the State submitted to the Court its brief
answering the submission of the case by the Commission and its observations on the pleadings
and motions brief6 (hereinafter “answering brief”) and made a partial acknowledgment of its
international responsibility “for the lack of investigation of the alleged acts of torture suffered
by Tirso Román Valenzuela Ávila in the context of his capture and deprivation of liberty.” In
obligations established in articles 1(1) and 2 of the same instrument, to the detriment of Tirso Román Valenzuela
Ávila. The Commission also concluded that the State is responsible for the violation of the rights to personal
integrity, a fair trial and judicial protection established in Articles 5(1), 8(1) and 25(1), in relation to the obligations
established in Article 1(1) thereof, to the detriment of the relatives of Tirso Román Valenzuela Ávila. Finally, it
concluded that Guatemala is responsible for the violation of articles 1, 6, 8 and 10 of the Inter-American Convention
to Prevent and Punish Torture.
5
The Commission appointed Mrs. Esmeralda Arosema de Troitiño, First Vice-President, and Mr. Paulo
Abrão, Executive Secretary of the Commission, as its delegates for this case, and as advisors, Elizabeth AbiMershed, Deputy Executive Secretary, Silvia Serrano Guzmán, Lawyer, and Mr. Christian González Chacón, lawyer,
from the Executive Secretariat of the Commission.
6
In its communication received on April 11, 2018, the State appointed Jorge Luis Borrayo Reyes, President
of COPREDEH, and Felipe Sánchez González, Executive Director of COPREDEH, as agents in this case.
5