arguments to which they added a list of corrigenda. The clarifications and helpful evidence
were forwarded to the Inter-American Commission and the parties so that they could make
any observations they considered pertinent.
13.
On August 13, 2012, the Inter-American Commission, the representatives, and the
State forwarded their observations on the clarifications and helpful evidence submitted with
the final written arguments and observations (supra para. 12). In addition, the State
presented a copy of the case file of the investigation in response to a request made by the
Court during the public hearing.
14.
On August 27, 2012, the representatives and the Commission presented their
observations on the copy of the investigation case file submitted by the State (supra para.
13).
III
COMPETENCE
15.
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. In the instrument
accepting the Court’s competence, the State indicated that this acceptance was applicable
to “cases that occurred after the date [on] which this declaration is presented to the
Secretary of the Organization of American States,” which took place on March 9, 1987 (infra
paras. 35 to 39). In these terms, and in accordance with Article 62(3) of the American
Convention, the Court is competent to hear any alleged facts and violations in this case, as
indicated in Chapters IV and V of this Judgment (infra paras. 17 to 39).
16.
In addition, the Court is also competent to examine any facts and presumed human
rights violations relating to non-compliance with some provisions of the Inter-American
Convention to Prevent and Punish Torture, ratified by Guatemala on January 29, 1987; the
Inter-American Convention on the Prevention, Punishment, and Eradication Of Violence
against Women, ratified by the State on April 4, 1995, and the Inter-American Convention
on Forced Disappearance of Persons, ratified by Guatemala on February 25, 2000, under the
terms of the acknowledgement of responsibility made by the State (infra Chapter IV).
IV
PARTIAL ACKNOWLEDGMENT OF RESPONSIBILITY
17.
In its answering brief, the State partially acknowledged its international responsibility
with regard to some of the violations alleged in this case, as follows:
a)
The 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) thereof (Obligation to Respect Rights), as well as
the failure to comply with the obligation established in Article I of the Convention on
Forced Disappearance, to the detriment of Ramona Lajuj and Manuel Chen Sánchez.
The State expressed its “full acquiescence,” because both these persons were “victims
of forced disappearance.” Regarding Manuel Chen, the State also acknowledged the
violation of Article 19 (Rights of the Child) of the Convention, to his detriment;
b)
The violation of Articles 5 (Right to Humane Treatment) and 11 (Right to
Privacy) of the Convention, to the detriment of María Eustaquia Uscap Ivoy. The State
8