American Commission, these alleged acts “remain in impunity, because the State of
Guatemala has not conducted a serious and effective investigation, and has not identified or
punished the perpetrators and masterminds of these acts.”
3.
It its brief submitting the case, the Commission indicated that it “submit[ted] to the
jurisdiction of the Inter-American Court the facts described in Merits Report No. 116/10 as
multiple and continuing offenses, with the exception of the forced disappearance and
subsequent extrajudicial execution of Rudy Gustavo Figueroa Muñoz, as well as the
detention and torture of Wendy Santizo Méndez.” However, it “clarifie[d] that the facts on
which those violations are based, relating to the effects on the respective family units, the
lack of access to information, the denial of justice, the absence of an effective investigation
and the consequent impunity of both the forced disappearance followed by the extrajudicial
execution of Rudy Gustavo Figueroa Muñoz, as well as the detention and torture of Wendy
Santizo Méndez, fall within the temporal jurisdiction of the Court.”
4.
Based on the foregoing, the Commission requested that the Court declare the
international responsibility of Guatemala for the alleged violation of Articles 3 (Right to
Juridical Personality), 4 (Right to Life), 5 (Right to Humane Treatment) and 7 (Right to
Personal Liberty) of the American Convention, in relation to Article 1(1) (Obligation to
Respect Rights) of this instrument, to the detriment of the 26 presumed victims who remain
disappeared and of Rudy Gustavo Figueroa Muñoz; Articles 5, 7, 11 (Right to Privacy) and
19 (Rights of the Child) of the American Convention, as well as Article 7 of the InterAmerican Convention on the Prevention, Punishment and Eradication of Violence Against
Women (hereinafter “Convention of Belém do Pará”), and Articles 1, 6 and 8 of the InterAmerican Convention to Prevent and Punish Torture (hereinafter “Inter-American
Convention Against Torture”) to the detriment of the presumed victim Wendy Santizo
Méndez; Article 19 of the American Convention, in relation to Article 1(1) of this treaty, to
the detriment of the disappeared presumed victims Juan Pablo Armira López and María
Quirina Armira López; Articles 5 and 17 (Rights of the Family) of the American Convention,
in relation to Article 1(1) of this instrument, to the detriment of the next of kin of the 26
disappeared presumed victims, of Rudy Gustavo Figueroa Muñoz and of Wendy Santizo
Méndez; Article 8 (Right to a Fair Trial) and 25 (Right to Judicial Protection) of the American
Convention, in relation to Articles 1(1) and 2 (Domestic Legal Effects) of this treaty, as well
as Article I of the Inter-American Convention on Forced Disappearance of Persons
(hereinafter “Inter-American Convention on Forced Disappearance”) and Articles 1, 6 and 8
of the Inter-American Convention Against Torture to the detriment of the 26 disappeared
presumed victims, of Rudy Gustavo Figueroa Muñoz and of their next of kin; as well as in
conjunction with Article 7 of the Convention of Belém do Pará, to the detriment of the
presumed victim Wendy Santizo Méndez and her next of kin; Article 13 (Freedom of
Thought and Expression) and 23 (Right to Participate in Government) of the American
Convention, in conjunction with Articles 1(1) and 2 of this instrument, with regard to the
right of access to information, to the detriment of the next of kin of the 26 disappeared
presumed victims and the next of kin of Rudy Gustavo Figueroa Muñoz; Article 13 and 16
(Freedom of Association) of the American Convention, in relation to Article 1(1) of this
instrument, to the detriment of the 26 disappeared presumed victims, of Rudy Gustavo
Figueroa Muñoz and their next of kin, and Article 22 (Freedom of Movement and Residence)
of the American Convention, in relation to Article 1(1) of this instrument, to the detriment of
certain next of kin of some presumed victims. Consequently, the Commission asked the
Court to order the State to adopt specific measures of reparation.
II
PROCEEDINGS BEFORE THE COURT
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