21
71.
However, it is appropriate here to examine the arguments on violations to the
rights recognized in the Convention. In the first place, it should be noted that Guatemala
has expressed that it ‘institutionally recognizes” what occurred, but it clarified that that
does not imply a recognition of “international responsibility.”110 Moreover, it is not
apparent that there has been reparation and, although the State did convict 14 persons,
the representative and the Commission have questioned whether those acts have been
diligent and complete and they have denied that the alleged victims have obtained
reparations. Nevertheless, Guatemala maintained that its diligent investigation exempts
it from responsibility regarding the different rights that the representative and the
Commission argued had been violated. In order to analyze the position of the parties, the
Court must consider the arguments on the merits of the case.
72.
In similar cases, the Court has examined the observance of the rights to judicial
guarantees and to judicial protection after doing so with respect to the other rights
allegedly infringed.111 However, in this case, the Court notes that Guatemala, as has been
indicated, has claimed that because of the actions of the judicial authorities the case
should be considered already “elucidated” domestically and, furthermore, that it should
not be considered by the Court. In addition to the State’s arguments (which will be
subsequently reviewed), Guatemala claims that the judicial activities that resulted in the
conviction of 14 persons exempt the State not only of responsibility to investigate the
facts of the case, but also of the alleged violations of the rights to life and to personal
integrity.
73.
Thus, the Court must assess the judicial activity of this case and then verify
whether there are reasons that would allow it to find violations of rights recognized by the
Convention. In view of the arguments of the State, there may be a close relationship
between the manner in which the rights to judicial guarantees and to judicial protection
have been observed and the determination that must be made regarding other rights. The
Court will, thus, analyze the arguments in the following order: (1) rights to judicial
guarantees and to judicial protection; (2) rights to life, to personal integrity and the rights
of the child, in relation to the obligation to respect the rights without discrimination; (3)
right to personal integrity of the next of kin of the deceased and injured persons; (4) right
to private property, and (5) right to equality before the law.
Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of October 15, 2014. Series C No. 286,
para. 140 and Case of Andrade Salmón v. Bolivia. Merits, Reparations and Costs. Judgment of December 1,
2016, Series C No. 330, para. 96.
110
The State explained that “institutional responsibility is the articulation and specification of all acts,
mechanisms, norms and/or policies that have the purpose of avoiding harm to any human being, without any
distinction, by institutions responsible for overseeing the common good and the full development of the
individual,” and that “international responsibility consists in the State not complying with an obligation
established in an international norm for acts or omissions that impair the rights of the persons whom it should
protect, a responsibility that is guaranteed in Articles 1 and 2 of the American Convention on Human Rights
and other international instruments to which Guatemala has adhered.”
111
Cf. Case of the Mapiripán Massacre" v. Colombia. Judgment of September 15, 2005. Series C No. 134 and
Case of the Members of the Village of Chichupac and neighboring communities of the Municipality of Rabinal
v. Guatemala, supra.