4
12.
On August 21, 1995, the Secretariat of the Court (hereinafter "the
Secretariat") dispatched to the State the application and the attachment
submitted to the Court on August 3, 1995. The State received them on August
22, 1995.
13.
The Commission named Claudio Grossman and John Donaldson as its
Delegates, and Edith Márquez-Rodríguez, David J. Padilla and Domingo E.
Acevedo as its Attorneys. The Commission also named Janelle M. Diller, Margarita
Gutiérrez, Joanne E. Hoeper, Felipe González, Diego Rodríguez, Arturo González,
and A. James Vázquez-Azpiri as assistants to represent the victims.
14.
On September 1, 1995, Guatemala named Dennis Alonzo-Mazariegos as
its Agent, and Vicente Arranz-Sanz as its Alternate Agent. On September 22,
1995, it designated Alfonso Novales-Aguirre as Judge ad hoc.
15.
On September 16, 1995, the State filed the following preliminary
objections: incompetence of the Inter-American Court to try the case, inasmuch
as the acceptance of the compulsory jurisdiction of the Court applied exclusively
to cases that occurred after the date on which the declaration was deposited with
the Secretariat of the Organization of American States; the Court’s lack of
competence over the subject matter of the application, and the Commission's
violation of the American Convention in view of the norm regarding interpretation
contained in Article 29(d).
16.
In its brief of September 16, 1995, the State also indicated that the
criminal proceeding in progress in Guatemala to clarify the facts of this case
"began on June 26, 1985, at the Justice of the Peace of the Municipality of San
Juan Ixcoy, on the basis of the report it had received from the National Police
when it discovered that Mr. Nicholas Chapman Blake and Mr. Griffith Davis were
lost", and that on July 10, 1985, the court file was referred to the Chiantla Justice
of the Peace, which in turn referred it to the Second Court of Preliminary Criminal
Investigation of the Department of Huehuetenango, where it was filed as case
No. 542-85. The State also indicated that "neither Report 5/95 nor the application
claimed that... Mr. Blake's family had taken any steps before the aforementioned
Tribunal, nor had they even appeared to testify in the case before it." Lastly, it
said that, at the Department of the Public Prosecutor behest, the judge in the
case issued an order for the arrest of Mario Cano, on August 22, 1995; Daniel
Velásquez; Hipólito Ramos-García, alias "Polo"; Vicente Cifuentes, alias "Chente";
Candelario López-Herrera; Emeterio López, alias "Tello"; and Ezequiel Alvarado,
"that being the current status of the criminal proceeding."
17.
On November 9, 1995, Guatemala submitted its answer to the application,
requesting that it be answered in the negative, that the Court declare the
application inadmissible and reject the Commission's claims. It also argued that
the Commission's intention was "to transform a finite common criminal act" into a
human rights case. It further maintained that the events of March 28, 1985,
constituted a "[c]ommon, unlawful criminal act of a finite nature," such as
aggravated homicide or assassination, and "not a case of a violation of human
rights, such as the right to personal liberty and the right to life, which are
protected by the Convention, nor a contravention of the Convention with regard
to the General Obligation of the States Parties to respect the human rights
recognized therein."
18.
By Order of December 9, 1995, the President of the Court (hereinafter
"the President") granted a period of one calendar month for Guatemala to specify
and submit the evidence it considered pertinent to the case, inasmuch as in the