4
8.
On May 6, 2008 the Tribunal asked the State to present, along with its final
written arguments, evidence to facilitate adjudication of the case.4
9.
On June 5, 2008 the representatives forwarded their final written arguments
with which they enclosed documentary evidence. On that same date, the State
forwarded its final written arguments, along with part of the evidence requested by
the Court to facilitate adjudication of the case.5 On June 6, 2008 the Commission
forwarded its final written arguments.
10.
On July 15, 2008 the State presented a brief “expanding its final written
arguments.” (supra para. 9) In that brief, it forwarded evidence to facilitate
adjudication of the case (supra para. 8) and it objected the requests made by the
representatives in their final written arguments with regard to payment of
compensations and the reimbursement of costs and expenses. On November 26,
2008 the State forwarded information regarding the new diligences developed in the
investigation of the present case by national authorities (infra para. 47).
III
JURISDICTION
11.
The Inter-American Court is competent, in the terms of Article 62(3) of the
Convention, to hear the present case, since Guatemala is a State Party to the
American Convention since May 25, 1978 and it acknowledged the Court’s
contentious jurisdiction on March 9, 1987. Similarly, the State ratified the InterAmerican Convention on Forced Disappearances on February 25, 2000.
IV
ACKNOWLEDGMENT OF INTERNATIONAL RESPONSIBILITY
12.
Within the framework of a negotiation process started before the InterAmerican Commission after the adoption of Report No. 71/04 (supra para. 1), the
State and the representatives signed an “agreement of specific compliance of the
recommendations issued by the Inter-American Commission.” In that agreement the
State acknowledged its international responsibility for the forced disappearance of
María and Josefa Tiu Tojín and the subsequent denial of justice. The State has
4
The evidence requested consisted in information and documents related to: 1) the State’s
comments and information regarding the bill that would modify the scope of application of the military
criminal jurisdiction, expanding it to common or related crimes committed by military officials, as well as
the situation of said bill in the Congress of the Republic and the possibilities of the National Executive to
request a moratorium. The State shall forward a copy of said bill; 2) information regarding the inclusion of
this case in the national reconciliation plan and its situation in the Congress of the Republic. The State
shall forward a copy of the bill; 3) information regarding the decision of the Supreme Court of Justice of
Guatemala that ordered the transfer of the military criminal jurisdiction to the regular jurisdiction of the
dossiers of cases regarding common or related crimes committed by military officials, pursuant with Article
2 of Decree No. 4196, and 4) information on the specific steps the State would adopt to activate the
transfer of the dossier of the present case from the Judge Advocate to courts of the regular jurisdiction.
The State forwarded the following documents: a) Decree 41-96 of June 12, 1996; b) Agreement
No. 26-96 of July 22, 1996; c) Decree No. 32-2006 Organic Law of the National Institute of Forensic
Sciences of Guatemala; d) Initiative No. 3590 and Opinion, which recommends the approval of the
National Commission for the Search of People victim of forced disappearances and other forms of
disappearance; and e) Initiative No. 2794 and Opinion, which recommends approval of the Military Code.
5