4
The remains -first Mr. Davis's and later Mr. Blake's- were eventually discovered in 1992.
Once Mr. Nicholas Chapman Blake's remains had been identified by a forensic expert, his
death certificate was drawn up and the date of his death established as March 29, 1985.
14. The complaint was received by the Inter-American Commission on November 18,
1993, and on December 6, 1993, it was transmitted to the Government, which was asked to
submit information on the case within 90 days. By note of March 7, 1994, the Government
requested an extension of the deadline and on March 10, 1994, the Commission granted an
extension of 30 days. The Government submitted its comments on the case on April 14,
1994.
15. The Commission convened a hearing attended by both parties at its headquarters on
September 16, 1994,
in order to reach a friendly settlement. At that hearing, the
Government submitted a brief in which it formally raised the objection of non-exhaustion of
domestic remedies and asked the Commission to consider its participation in the friendly
settlement to be at an end.
16. At the plaintiff's request, a hearing was held on February 14, 1995, at which the
Government's representative rejected the proposal of a friendly settlement of the case and
“once more raised the objection of non-exhaustion of remedies under domestic law.”
17. On February 15, 1995, the Commission approved Report 5/95, and decided in its
resolutory part:
TO RECOMMEND
1.
That the State of Guatemala accept its objective responsibility for the
murder of Mr. Nicholas Blake, his disappearance and the cover-up of his murder,
and make the appropriate reparations to his successors.
2.
That the State of Guatemala, on the basis of evidence already in existence
and evidence obtainable under its legislation, identify, prosecute, detain and
punish those responsible for the death of Mr. Nicholas Blake.
3.
That the State of Guatemala, on the basis of evidence already in existence
and evidence obtainable under its legislation, identify, prosecute, detain and
punish those responsible for the cover-up and obstruction of the judicial
proceeding concerning the disappearance and death of Mr. Nicholas Blake.
4.
That the State of Guatemala take such measures as are necessary to
avoid a recurrence of such types of violation, including abuses by the Civil
Patrols, cover-up by the civilian and military authorities, and the lack of effective
judicial proceedings.
5.
That this report drawn up in accordance with Article 50 be transmitted to
the Government, which shall not be at liberty to publish it, and
6.
That if within a period of sixty days from the transmittal of this Report, the
Government has not implemented the above recommendations, the instant case
be submitted to the Inter-American Court of Human Rights pursuant to Article
51 of the American Convention.