5
brief submitted on November 9, 1995, the State had mentioned evidence which it
deemed to amply "support its answer to the petition, but neither specified what
they were nor produced them."
19.
In its brief of January 12, 1996, the State declared that:
[it would] submit within the next few days as part of its documentary evidence, a
certificate issued by the Second Court of Criminal Investigation of Huehuetenango
contain[ing] the judicial proceedings relating to the criminal case No. 542-85, Oficial
Tercero, concerning Mr. Nicholas Chapman Blake's violent death, which, of the
evidence offered in the Statement of the answer to the Application, [was] the only
piece available [at that time] …
20.
On January 28, 1996, the President, after consulting the parties pursuant
to Article 29(2) of the Rules of Procedure, determined that additional written
proceeding were necessary. He therefore granted the Commission two months in
which to submit a brief, and the State two months from the date of notification of
that brief in which to submit its observations thereon.
21.
By Order of February 3, 1996, the President granted the State one
additional month in which to submit evidence. In response, on February 29,
1996, Guatemala submitted a brief in which it reported that "it [would] not use
the witnesses and experts proposed in its Statement of Negative Answer to the
Application."
22.
On March 28, 1996, the Commission asked the Court to declare without
merit the State's request that "the arguments adduced by the Commission in the
petition" be rejected and, accordingly, asked that the judgment be rendered in
conformity with the application. On May 28, 1996, the State submitted the brief
containing its observations, in which it requested that the Commission's brief be
set aside.
23.
By Order of July 2, 1996, the Court decided to refuse the State's request
that the Commission's brief of March 28, 1996, be disregarded, and consequently
"[j]oined both parties' briefs to the file and [decided] to retain them in mind for
its consideration in the judgment on the merits." The written proceedings were
then closed.
24.
On July 2, 1996, the Court rendered a judgment on the preliminary
objections in which it declared itself "incompetent to decide on Guatemala's
alleged responsibility for the detention and death of Mr. Nicholas Chapman
Blake", inasmuch as the "deprivation of Mr. Blake's freedom and his murder had
indeed occurred in March, 1985," prior to Guatemala's acceptance of the
contentious jurisdiction of the Court. However, the Court decided to continue to
hear the case with regard to the results and acts subsequent to March 9, 1987,
on which date Guatemala had accepted the competence of the Court.
25.
On November 25, 1996, the Commission submitted the following list of
witnesses to be summoned by the Court to appear at the public hearing on the
merits of the case: Richard R. Blake, Jr., Samuel Blake (Nicholas Blake's
brothers); James Elleson (who knew Nicholas Blake and assisted his family in the
investigation of the facts); Colonel George Hooker [who served at the Embassy of
the United States of America (hereinafter "the United States Embassy") in
Guatemala and was involved in the investigation of the events], Justo Victoriano
Martínez-Morales (who conducted an investigation into Mr. Nicholas Blake's
detention, disappearance and the subsequent concealment of his remains),