5
also denounced the assassination of a young student, Erik Leonardo Chinchilla, which
occurred on February 17, 1988. Subsequently they requested that the Commission include
that victim in the case.
17.
On September 28, 1990, during its 78th regular session and on September 23, 1991,
in its 80th regular session, the Commission held hearings on the case at which both parties
were represented.
18.
The petitioners, in a letter of December 30, 1991, forwarded an expanded list of
victims in accordance with the position taken earlier, that the case involved an
undetermined number of victims. The letter stated that another five persons had been
kidnapped and killed, and five more had been kidnapped and illegally detained. All of them
had previously been identified as victims in the political and judicial investigation in
Guatemala.
19.
Oscar Vásquez, who was a victim and witness in this case, and his son were
murdered on September 11, 1994, five days before the final public hearing on the case was
to be held before the Commission. On December 13, 1994, the petitioners sent a request
for precautionary measures to protect seven members of the family of Oscar Vásquez. That
same day, the Commission requested that the Government take all the necessary measures
to protect the life, physical integrity, and liberty of the members of the family named in the
request.
20.
On September 16, 1994, during the 87th regular session of the Commission, another
hearing was held on the case at the request of the petitioners. It was attended by
representatives of both parties. On September 23, 1994, the Commission approved Report
23/94, in the dispositive part of which it decided the following:
1.
To admit the present case.
2.
To declare that the Government of Guatemala has not complied with its duties to
respect the rights and freedoms recognized in the American Convention on Human Rights, and to
ensure their exercise, according to Article 1 of the Convention.
3.
To declare that the Government of Guatemala violated the human rights of the
victims in the instant case as provided for in Articles 4(1), 5(1) and 5(2), 7, 24, and 25 of the
American Convention.
4.
measures:
To recommend to the Government of Guatemala that it adopt the following
a.
investigate the violations which took place in the present case, and judge and
punish those responsible;
b.
future.
adopt the necessary measures to avoid the reoccurrence of these violations in the
c.
pay just compensation to the victims' next of kin.
5.
To transmit this report to the Government of Guatemala and grant the
Government a period of 60 days to implement the recommendations contained herein. The 60 day
period shall begin as of the date of remission of this report. During this period, in keeping with the
mandate of Article 47(6) of the Regulations of the Commission, the Government is not authorized
to publish this report.
6.
To submit this case to the Inter-American Court of Human Rights should the
Government of Guatemala not undertake to comply with all the recommendations contained in the
present report.