26
Practices, U.S. Department of State, 1984-1985 and 1986; Human Rights in
Guatemala, May 1987-October 1988, an Americas Watch Report, 1988, Chapter
VI; Amnesty International Reports of 1984, 1985 and 1986; 1993 Report of the
Working Group on Enforced or Voluntary Disappearances, United Nations Human
Rights Committee; 1991 Report of the Working Group on Enforced or Voluntary
Disappearances, United Nations Commission on Human Rights).
76.
On the basis of the evidence examined and bearing in mind the arguments
of the parties, the Court considers it proven that, at the time the events in this
case occurred, the civil patrols enjoyed an institutional relationship with the
Army, performed activities in support of the armed forces' functions, and,
moreover, received resources, weapons, training and direct orders from the
Guatemalan Army and operated under its supervision. A number of human rights
violations, including summary and extrajudicial executions and forced
disappearances of persons, have been attributed to those patrols (supra 52.(p)).
77.
This institutional relationship was visible in the very decree creating these
Civil Defense Committees (CDC), and in the 1996 Guatemala Peace Agreements,
which established that the CDCs, "including those previously demobilized, would
cease all institutional relations with the Guatemalan Army and would not be
reassembled in a way that would restore that relationship" (not underlined in the
original) (Agreement on the Strengthening of the Civil Authority and Function of
the Army in a Democratic Society, para. 61). More particularly, Decree 143-96 of
the Congress of the Republic of Guatemala of November 28, 1996, which
rescinded Decree-Law 19-86, which had legally established the Civil Defense
Committees, stated in one of its "Considering" that:
the function of some civil self-defense patrols, now known as
Voluntary Civil Defense Committees, had been perverted over the
years... and that they had fulfilled missions belonging to the regular
State organs, provoking repeated human rights violations by
members of those committees (no underlining in the original).
78.
As a consequence, the Court declares that the acquiescence of the State
of Guatemala in the perpetration of such activities by the civil patrols indicates
that those patrols should be deemed to be agents of the State and that the
actions they perpetrated should therefore be imputable to the State.
X
CONCERNING ARTICLE 7
79.
In its application the Commission claimed that Mr. Nicholas Blake had
been arbitrarily abducted by the El Llano Civil Patrol. His detention had been
effected without a warrant issued by a competent authority and without
fulfillment the procedures enshrined in the domestic laws. Mr. Nicholas Blake had
neither been told the reasons for his detention nor was he immediately taken
before the competent authority to be tried within a reasonable time.
80.
In its answer to the application, the State maintained that both Mr.
Nicholas Blake and Mr. Griffith Davis had freely and voluntarily travelled to an
area of conflict, despite the risks inherent in the lack of security in those areas. It
affirmed that Mr. Nicholas Blake had not been intercepted by any State agent;
taken to a place of detention; subjected to cruel, inhuman or degrading
treatment or torture; questioned by any authority; nor forcibly or involuntarily
disappeared or executed by the State.