30
cruel, inhuman or degrading treatment or torture, interrogated by any authority,
forcibly or involuntarily disappeared or executed in secret by the State.
*
*
*
96.
This Tribunal considers that Article 8(1) of the Convention must be given a
broad interpretation based on both the letter and the spirit of this provision, and
must be appreciated in accordance with Article 29 (c) of the Convention, whereby
none of its provisions shall be interpreted as precluding other rights or
guarantees that are inherent in the human personality or derived from
representative, democratic form of government.
97.
Thus interpreted, the aforementioned Article 8(1) of the Convention also
includes the rights of the victim's relatives to judicial guarantees, whereby "[a]ny
act of forced disappearance places the victim outside the protection of the law
and causes grave suffering to him and to his family" (no underlining in the
original) (United Nations Declaration on the Protection of All Persons Against
Enforced Disappearance, Article 1(2)). Consequently, Article 8(1) of the American
Convention recognizes the right of Mr. Nicholas Blake's relatives to have his
disappearance and death to effectively investigated by the Guatemalan
authorities to have those responsible prosecuted for committing said unlawful
acts; to have the relevant punishment, where appropriate, meted out; and to be
compensated for the damages and injuries they sustained. Accordingly, the Court
declares that Guatemala violated Article 8(1) of the American Convention, to the
detriment of Mr. Nicholas Blake's relatives, in relation to Article 1(1) of the
Convention.
XIII
CONCERNING ARTICLE 25
98.
According to the Commission, Mr. Nicholas Blake's relatives "were
prevented from making use of [the judicial guarantees enshrined in Article 25 of
the Convention] owing to the inoperative of the courts of justice...", inasmuch as
those guarantees "were completely ineffective" even though they are established
in Guatemalan legislation.
99.
The State noted that a criminal trial initiated on June 26, 1985 was
pending in the Justice of Peace of the Municipality of San Juan Ixcoy, and was
based on the National Police report at the time of Mr. Nicholas Blake's and Mr.
Griffith Davis' disappearance; that on July 10, 1985, the file of the case had been
referred to the Magistrates' Court of Chiantla, which, in its turn, referred it to the
Second Court of First Criminal Instance of the Department of Huehuetenango,
and that on August 22, 1995, that Court had issued a warrant for the arrest of
Mario Cano, Daniel Velásquez, Hipólito Ramón García, Vicente Cifuentes,
Candelario López-Herrera, Emeterio López and Ezequiel Alvarado in connection
with this case. It further pointed out that Mr. Vicente Cifuentes-López, considered
to be the main material author of the act, had been arrested on March 12, 1997
(supra 27).
*
*
*
100. The Court observes that during the public hearing held at its seat, Justo
Victoriano Martínez-Morales testified that it was not until 1995 that he was
summoned to testify in this case before the Department of the District Attorney
("Ministerio Público"). Mr. Richard R. Blake, Jr., also testified that no one had