34
violations of rights protected by the Convention, and for the enormous costs
incurred by his relatives to establish the victim's whereabouts".
119. In its final pleadings, the Commission repeated that compensation for Mr.
Nicholas Blake's disappearance and death must be fixed by the Court, taking into
account the suffering caused to his relatives by the events.
120. In its final pleadings, Guatemala, in consideration of the testimony of
Richard R. Blake, Jr., Justo Victoriano Martínez Morales, Ricardo Roberto and
Samuel Blake and of its recognition of its delay of justice in this case, requested
the Court to render the judgment on the merits and to expedite the reparations
proceeding in the case, an agreement on reparations which it had previously
sought to establish with the victim's relatives or with the Commission when it
accepted partial responsibility (supra para. 27).
*
*
*
121. The Court considers that Guatemala must use all the means at its disposal
to investigate the facts denounced and to punish those responsible for what
happened to Mr. Nicholas Blake.
122. It is obvious that in the instant case the Court cannot rule that the injured
parties be guaranteed enjoyment of their rights that were breached. However, it
is proper for reparation to be made for the consequences of the situation that
constituted violations of specific rights in this case, which must include fair
compensation and reimbursement of the costs incurred by the relatives in their
representations in connection with this case.
123. In order to determine the reparations, the Court will need sufficient
information and probative evidence, for which purpose it orders that the
appropriate procedural phase be opened, and empowers its President to adopt in
due course such measures as may be necessary to that end.
XVIII
124.
Now, therefore
THE COURT,
by seven votes to one,
1.
declares that the State of Guatemala violated, to the detriment of the
relatives of Mr. Nicholas Chapman Blake, the judicial guarantees set forth
in Article 8(1) of the American Convention on Human Rights, in relation to
Article 1(1) of the same, in the terms established in paragraphs 96 and 97
of the present judgment,
Judge Montiel-Argüello dissenting;
unanimously,
2.
declares that the State of Guatemala violated, to the detriment of the
relatives of Mr. Nicholas Chapman Blake, the right to humane treatment
enshrined in Article 5 of the American Convention on Human Rights, in