Inter-American Court of Human Rights
Case of Bámaca-Velásquez v. Guatemala
Judgment of November 25, 2000
(Merits)
In the Bámaca Velásquez Case,
the Inter-American Court of Human Rights (hereinafter “the Court” or “the InterAmerican Court”), composed of the following judges1:
Antônio A. Cançado Trindade, President
Máximo Pacheco Gómez, Vice President
Hernán Salgado Pesantes, Judge
Alirio Abreu Burelli, Judge
Sergio García Ramírez, Judge and
Carlos Vicente de Roux Rengifo, Judge;
also present,
Manuel E. Ventura Robles, Secretary and
Renzo Pomi, Deputy Secretary,
Pursuant to articles 29 and 55 of the Rules of Procedure of the Court (hereinafter
"the Rules of Procedure”) delivers the following judgment in the instant case.
I
INTRODUCTION OF THE CASE
1.
On August 30, 1996, pursuant to articles 50 and 51 of the American
Convention on Human Rights (hereinafter “the Convention” or “the American
Convention”) the Inter-American Commission on Human Rights (hereinafter “the
Commission” or the Inter-American Commission”) submitted an application to the
Court against the Republic of Guatemala (hereinafter “the State” or “Guatemala”),
originating from petition No. 11.129, received by the Secretariat of the Commission.
2.
The Commission stated that the purpose of the application was for the Court
to decide whether the State had violated the following rights of Efraín Bámaca
Velásquez:
Article 3 (Right to Juridical Personality), Article 4 (Right to Life), Article 5 (Right to
Humane Treatment), Article 7 (Right to Personal Liberty), Article 8 (Right to a Fair Trial),
Article 13 (Freedom of Thought and Expression), Article 25 (Right to Judicial Protection)
and Article 1 (Obligation to Respect Rights), all of the American Convention, and also
1
Judge Oliver Jackman abstained from hearing this case, because he had taken part in several
stages of the case while it was being processed before the Inter-American Commission on Human Rights,
when he was a member of the Commission.