9.
Amicus curiae. The Court received two amicus curiae briefs submitted by: (a) the
Guatemalan Institute of Notarial Law,8 and (b) the International Union of Notaries (UINL).9
10.
Final written arguments and observations. On April 28, 2022, the Commission
presented its final written observations. On the same date, the representatives and the
State each forwarded their final written arguments. The State attached several documents
to its final arguments. The briefs were transmitted to the parties and to the Commission,
and the representatives and the Commission were granted a time frame for presenting
any observations they deemed pertinent on the documentation annexed by the State.
11.
Observations on the annexes. On May 13, 2022, the Commission advised that it
had no observations to make in this regard. On the same date, the representatives
submitted their observations on the annexes presented by the State.
12.
Deliberation of the case. The Court deliberated on this judgment on November 10
and 22, 2022, during its 154th regular session, and virtually on March 6 and 7, 2023,
during its 156th regular session.
III
JURISDICTION
13.
The Inter-American Court has jurisdiction to hear this case, pursuant to Article
62(3) of the American Convention because Guatemala has been a State Party to the
American Convention since May 25, 1978, and accepted the contentious jurisdiction of the
Court on March 9, 1987.
IV
EVIDENCE
A. Admissibility of the documentary evidence
14.
In this case, as in others,10 the Court admits the probative value of those
documents presented by the parties and by the Commission at the appropriate procedural
moment (supra paras. 1, 6 and 7), that were not contested or challenged and the
authenticity of which was not questioned.
15.
The State presented several annexes to its final written arguments,11 relating to
different agreements, draft legislation, domestic law, and official communications issued
The brief was signed by Lorena Isabel Flores Estrada, Luis Felipe Lepe Monterroso, Edgar Raúl Sánchez
Vargas, Axel Ottoniel Maas Jácome, Ovidio David Parra Vela, Claudia María Godínez Soto, Nery Roberto Muñoz,
Mayra Yojana Veliz López, Maritza Gricel Murcia and Francisco Javier Urizar Pérez. It referred to the characteristics
of the Guatemalan notarial system as regards the legal requirements to exercise the profession, specifically in
relation to nationality, contained in Article 2(1) of the Notarial Code.
8
The brief was signed by Cristina Noemí Armella and David Figueroa Márquez. It referred to the characteristics
of the Guatemalan notarial system as regards the legal requirements to exercise the profession.
9
10
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 140,
and Case of Aroca Palma et al. v. Ecuador. Preliminary objection, merits, reparations and costs. Judgment of
November 8, 2022. Series C No. 471, para. 26.
11
Specifically: (1) Government Decision No. 99-2020 of the President of the Republic of Guatemala, dated
July 30, 2020; (2) Interior Affairs Committee, File of Legislative Decree 314, Law on the Notarial Function; (3)
Law on the Judiciary, Congressional Decree 2-89; (4) Congress of the Republic, draft legislation for Decree 5477; (5) Official communication 250-2022-SAGP/jabs Guatemala of April 8, 2022, issued by the Director of the
General Protocols Archive; (6) Official communication No. 1065 of April 11, 2022, issued by the Director General
a.i. of the Judiciary; (7) List of international instruments on extradition to which Guatemala is a party; (8)
Extradition Treaty between the United States of America and Guatemala, signed on February 27, 1903, and
containing the Supplementary Convention to the treaty signed on February 20, 1940; (9) Regular session No. 52
Sessions Record, March 13, 1982, National Constituent Assembly; (10) Official communication VDES-ICE/1672022 MLFV/kl, of April 7, 2022, issued by the Vice Minister of Integration and Foreign Trade of the Ministry of
Economy of Guatemala; (11) Immigration Code, Congressional Decree 44-2016; (12) General Regulations to the
5