Inter-American Court of Human Rights
Case of Molina-Theissen v. Guatemala
Judgment of July 3, 2004
(Reparations and Costs)

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; and
Emilia Segares Rodríguez, Deputy Secretary,
pursuant to Articles 29, 56, 57 and 58 of the Rules of Procedure of the Court
(hereinafter “the Rules of Procedure”) and to Article 63(1) of the American
Convention on Human Rights (hereinafter “the Convention” or “the American
Convention”), issues the instant 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”) filed before the
Inter-American Court of Human Rights (hereinafter “the Court” or “the InterAmerican Court”) an application against the State of Guatemala (hereinafter “the
State” or “Guatemala”), originating in petition No. 12.101, received by the
Secretariat of the Commission on September 8, 1998.
2.
The Commission filed 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 breached Articles 4 (Right to
Life), 5 (Right to Humane Treatment), 7 (Right to Personal Liberty), 8 (Right to Fair
Trial), 19 (Rights of the Child) and 25 (Right to Judicial Protection), all of them in
combination with Article 1(1) (Obligation to Respect Rights), of the American
Convention, and it failed to comply with the obligation set forth in Article I of the
Inter-American Convention on Forced Disappearance of Persons (hereinafter “the
Inter-American Convention on Forced Disappearance”). Said application pertains to
“the forced disappearance of Marco Antonio Molina Theissen, a fourteen year old boy,

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