4
1995; however, they were detached from the proceedings by the Second Judge of
the First Instance of Huehuetenango on the grounds of lack of evidence.”
6.
That the representatives have not submitted observations to the reports of
the State on the compliance with the Judgments (supra Having Seen Clause No. 6).
7.
That the Inter-American Commission noticed that the information forwarded
by the State regarding the arrest warrants “continues to be confusing” and that there
are some inconsistencies “as to the names of said persons in the information
[attached by the State] between the report of the Department Chief Office of the
National Police of Huehuetenango of March 12, 1997 and the repetition on the part of
the Public Prosecutor’s Office of October 11, 2000, which the State should clarify.”
The Commission repeated its request for the “State to forward the pertinent
documentation evidencing that there is an official of the Public Prosecutor’s Office at
present in charge of the investigation […].” It considered it necessary that the State,
“through the pertinent authorities of the Public Prosecutor’s Office and the PCN [,]
investigates all the other people who, pursuant to the facts considered proven in the
Judgment rendered by the Court, could have participated in the facts.” Finally, the
Commission stated that Guatemala has failed to inform on the concrete actions
adopted by the Public Prosecutor’s Office or by the Civil National Police in order to
ascertain the whereabouts of the people against whom there are pending arrest
warrants.
8.
That the arrest warrants against three possible responsible parties for the
death and disappearance of Nicholas Chapman-Blake were issued in 1996 and to
date they have not been effected by the domestic competent authorities. As to that,
in its last reports (supra Having Seen Clause No. 4) the State has not shown any
actions recently taken by the authorities in charge of the compliance of said arrest
warrants. On the contrary, the measures informed by the State date from eight
years. At the same time, Guatemala has not referred to each of the objections
presented by the Inter-American Commission during the private hearing held in the
instant case, nor to the observations and recommendations made by the victim´s
next of kin in their writ of November 21, 2007 (supra Considering Clause No. 4).
9.
That approximately twenty-three years have gone by since the occurrence of
the facts of the instant case, and more than nine since the rendering of the
Judgments on the merits, reparations and costs by the Court (supra Having Seen
Clauses No. 1 and 2). Consequently, the Court notices with concern that, from the
information contributed with by Guatemala, it cannot be concluded that the State
has adopted the measures necessary to completely comply with what has been
ordered by the Inter-American Court.
10.
That the Court repeats to the State that by not investigating the forced
disappearances and extrajudicial executions in the proper manner and by not
effectively punishing the responsible parties, it violates its obligations to respect and
guarantee the rights recognized by the Convention to the victim and his next of kin,
it prevents society from knowing what happened and it reproduces the impunity