in its final arguments. In its answering brief, the State had indicated that it
“totally contested” these violations.
c)
It also indicated that it “totally contested” the alleged violations of:
1. Paragraphs (b), (c) and (d) of Article I of the Inter-American Convention on
Forced Disappearance;
2. Articles 17 and 19 of the American Convention, in relation to Article 1(1) of
this instrument, to the detriment of Edgar Fernando García, Nineth Varenca
Montenegro Cottom, Alejandra García Montenegro and María Emilia García;
3. Articles 12 and 18 of the Convention, alleged by the representatives, and
4. The “supposed violation of the right to the truth” alleged by the
representatives.
d) In addition, the State “accept[ed]” Edgar Fernando García, Nineth Varenca
Montenegro Cottom, Alejandra García Montenegro and María Emilia García as victims
in this case. It also indicated its “total opposition” to considering Mario Alcides
Polanco Pérez and Andrea Polanco Montenegro as victims. Nevertheless, in its
answering brief, the State had indicated that “taking into account the family ties that
exist [between Andrea Polanco Montenegro] and Nineth Varenca Montenegro Cottom
and the possible collateral effects of her […] mother’s suffering, the State indicates
its acceptance that she be considered a victim in this case, but only as regards the
measure of reparation of psychological treatment.”
e) Regarding the measures of reparation requested, on April 24, 2012, prior to the
public hearing in this case (supra para. 10), the State presented “an agreement on
measures of reparation for the pecuniary and non-pecuniary damage caused and the
costs incurred” reached between the victims, through their representatives, and
Guatemala on April 20, 2012, “[w]ithin the framework of a friendly settlement in the
context of [these] proceedings” (hereinafter “reparations agreement”). 9 The State
requested that this agreement be considered in the judgment that the Court would
eventually deliver. According to this agreement, the parties held “working meetings
in order to reach an agreement on the issue of pecuniary and non-pecuniary
reparations requested by the petitioners and legal representatives in [this] case,”
after they had been summoned to the public hearing. In this agreement, the State
undertook to adopt specific measures of reparation (infra para. 23 and Chapter IX).
In its closing arguments, the State requested that the Court “find that the claims of
the petitioners have been satisfied under the terms of the agreement” reached by
the parties on April 20, 2012. 10
B) Observations of the Commission and the representatives
14.
The Commission “assesse[d] positively the State’s acknowledgment of the facts and
of its international responsibility with regard to certain rights established in the submission
of the case.” It indicated that it understood that, by fully accepting certain violations, the
9
The agreement, which was “drawn up in an official document on April 20, 2012,” was signed during a
meeting held at the Peace Secretariat, in the presence of the following: (a) for the State: Antonio Fernando
Arenales Forno, Secretary for Peace, Jorge Humberto Herrera Castillo, President of the National Compensation
Commission; Maria Elena de Jesus Lopez, the State’s Agent for this case, and (b) for the representatives of the
victims: Mario Alcides Polanco Pérez, Director of the GAM, and Maynor Estuardo Alvarado Galeano.
10
Previously, in its answering brief, the State had presented specific arguments and observations on the
claims for reparation.
8