admissibility until the debate and decision on the merits. Following that decision, the petitioners presented
additional comments on December 18, 2006; on May 17 and August 27, 2007; and on January 25, 2008. For
its part, the State submitted additional comments on March 23, July 16, and October 15, 2007, and on March
7, 2008.
7.
On February 12 and 16, 2010, the Commission placed itself at the disposal of the parties with
a view to reaching a friendly settlement of the matter. On March 19, 2010, the State expressed its desire to
initiate friendly settlement proceedings. On August 19, 2011, the petitioners advised that a proposed friendly
settlement was being drafted with a view to its presentation to the State. The State forwarded additional
comments on October 7, 2011.
8.
On April 24, 2014, the IACHR asks the State and the petitioners to indicate if they considered
that the friendly settlement process was a continuing proposition. On May 30, 2014, the State of Guatemala
advised that it was "not in a position to reach a friendly settlement agreement." On September 22, 2014, the
IACHR wrote to the parties requesting an updated copy of the record of the judicial proceedings. On
November 23, 2014, the State presented the IACHR with a copy of the record of the judicial proceedings.
III.
POSITIONS OF THE PARTIES
A.
The petitioners
9.
The petitioners said that the State was responsible for the forced disappearance of Mayra
Angelina Gutiérrez Hernández on April 7, 2000, after she accompanied her daughter to a bus stop. They said
that when her daughter returned home, Ms. Gutiérrez was not there and that on Fridays she usually went to
another city to give classes. They added that Ms. Gutiérrez was not seen in that city engaging in her usual
activities. The details about the facts and domestic proceedings will be referred to in the Commission’s factual
analysis, based on information provided by both parties. This section summarizes the main arguments put
forward by the petitioners on admissibility and merits.
10.
As regards the admissibility of the case, the petitioners invoked the unwarranted delay
exception recognized in Article 46.2.c of the American Convention, given that, although Ms. Gutiérrez's
disappearance was reported, more than 14 years have passed so far with no news of her whereabouts and no
punishment meted out to those responsible.
11.
As to the merits of the petition, they argued that the State was responsible for the forced
disappearance of Mayra Angelina Gutiérrez Hernández and that, consequently, it violated the rights to life,
humane treatment, and personal liberty recognized in Articles 4, 5, and 7 of the American Convention,
taken in conjunction with Article 1(1) of that instrument. They also claim that the State violated Article I of
the Inter-American Convention on Forced Disappearance of Persons.
12.
The petitioners said that the case of Ms. Gutiérrez was consistent with the definition of
forced disappearance established in the Inter-American Convention on Forced Disappearance of Persons. In
that regard, they alleged that Mayra Gutiérrez was deprived of her freedom by agents of the State. In that
connection, they held that two of her siblings were forcibly disappeared during the armed conflict by state
agents because of their political affiliations and occupation at the University of San Carlos in Guatemala. They
said that Ms. Gutiérrez also lectured at that university and had been an active participant in commissions and
projects on women's rights and the practice of irregular adoption in Guatemala, which were issues that
caused a great media outcry due to the fact that high-ranking state authorities were implicated in those
activities.
13.
The petitioners also said that despite of visiting detention centers, hospitals, and morgues,
there was a failure on the part of the State to provide information on the whereabouts of Ms. Gutiérrez. They
said that the remedies invoked, such as habeas corpus petitions and a special inquiry (procedimiento especial
de averiguación) have not proved effective means for determining her whereabouts.
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