5
Lawyers Committee for Human Rights; Elijah Barret Prettyman Jr., Lyndon Tretter,
Taylor Lee Burke, Shannon Tovan MacDaniel and David Kassenbaum, of the United
States law firm Hogan & Hartson; and Viviana Krsticevic and Roxanna Altholz
representing the Center for Justice and International Law (hereinafter “CEJIL”) to
represent the next of kin of the victim before the Court. They also appointed Taylor
Lee Burke as common intervener.
23.
On August 23, 2001, the State reported that it had appointed Francisco
Villagrán Kramer as Judge ad hoc and Jorge García Laguardia as Agent.
24.
On August 31, 2001, the representatives of the next of kin of the victim
submitted their brief with requests, pleadings, and evidence. On September 13,
2001, they also submitted the original brief and its annexes. In the aforementioned
brief, said representatives asked the Court to find that Guatemala violated Articles 4,
8, 25 and 1(1) of the American Convention to the detriment of the victim and Articles
5, 8, 25 and 1(1) of that same Convention to the detriment of her next of kin. They
furthermore requested that the State be ordered to adopt various pecuniary and nonpecuniary measures of reparation, as well as to pay the costs derived from
processing of the case both under domestic jurisdiction and before the bodies of the
inter-American system for the protection of human rights. On November 1, 2001,
the Commission submitted its observations on the brief filed by said representatives,
ratifying the application in its entirety and stating that it had no specific objections to
their requests.
25.
On September 26, 2001, Guatemala submitted its brief answering the
application, in which it filed nine preliminary objections,1 together with its annexes.
In said brief, the State requested that the Court consider the application answered
negatively regarding the non-disputed parts and those on which it did not state an
explicit acknowledgment. Furthermore, it requested that, based on the preliminary
objections raised, the Court rule the application filed by the Commission
inadmissible. On October 30, 2001, the Secretariat, following instructions by the
President, granted a 30-day term, beginning on the date of receipt of said brief, for
the Commission and the representatives of the next of kin of the victim to submit
their written pleadings on the preliminary objections filed by the State.
26.
On November 29, 2001, the Commission filed its brief with observations on
the preliminary objections, in which it requested that they be rejected.
27.
On November 30, 2001, the representatives of the next of kin of the victim
submitted their brief with observations on the preliminary objections filed by the
State and its annexes, and they expressed that the Commission conclusively
1
The preliminary objections raised by the State were as follows: “objection regarding nonexhaustion of domestic remedies; invalidity of the purpose of the application; lack of veracity with respect
to compliance of the State with its duty to prosecute and punish for the violation stated; lack of a decision
regarding the arguments of the State on variations and modifications to the content of the report by the
Inter-American Commission on Human Rights; non-appreciation of implementation by the State of the
recommendations included in the report by the Inter-American Commission on Human Rights; erroneous
and extensive interpretation of the recognition effected by the State of Guatemala; inadmissibility of the
application as a consequence of lack of a decision regarding the arguments of the State pertaining to nonexhaustion of domestic remedies at the procedural phase of decision on admissibility of the case by the
Inter-American Commission on Human Rights; collision of juridical systems (domestic versus regional
inter-American) to the detriment of the right of the State and of the accused; erroneous interpretation by
the Inter-American Commission on Human Rights that the remedies and observance of the domestic
legal system constitute in and of themselves a violation of the human right to the administration of
justice.”
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