59. The petition notes as alleged victims, individual persons with respect to whom the
Guatemalan State undertook to respect and ensure the rights enshrined in the American
Convention.
60. Bearing in mind that the number of alleged victims of the different facts stated in the
petition varies, and, observing the complexity of the situation, the IACHR will consider
analyzing this during the merits stage. Based on the foregoing, the persons identified by the
petitioners are listed for purposes of admissibility and may be expanded to include other
alleged victims of the events described in this petition.
61. As regards the State, the Commission notes that Guatemala has been a state party to the
American Convention since May 25, 1978, the date on which it deposited the respective
instrument of ratification. Therefore, the Commission is competent ratione personae to
examine the petition.
62. The Commission is competent ratione loci to take cognizance of the petition, for it alleges
violations of rights protected in the American Convention said to have taken place in the
territory of Guatemala, a state party to that treaty. The Commission is competentratione
temporis insofar as the obligation to respect and ensure the rights protected in the American
Convention was already in force for the State as of the date the facts alleged in the petition are
said to have occurred. Finally, the Commission is competent ratione materiae, because the
petition sets forth possible violations of human rights protected by the American Convention.
63. The Commission is competent ratione materiae because the petitioners allege violations of
rights protected by the American Convention on Human Rights. In addition, the Commission is
competent to take cognizance of this complaint pursuant to Article XIII of the Inter-American
Convention on Forced Disappearance of Persons, ratified by the Guatemalan State on February
25, 2000, which establishes that the crime of forced disappearance shall be considered
continuing or permanent so long as the victim’s fate or whereabouts have not been
determined.
64. The Guatemalan State, in its note of August 14, 2007, referring to the information provided
by the petitioners on May 7, 2007, said that notwithstanding the existence of the legitimate
right of the victims of the massacres that occurred in the communities of Los Encuentros and
the village of Agua Fría, it was the position of the State that these and other massacres should
be submitted by separate and individual petitions, not as an amendment to the initial petition
in the instant case.
65. As regards the position put forth by the State, the IACHR observes that according to the
facts alleged by the petitioners, the massacres in the communities of Los Encuentros and Agua
Fría are directly related to the events in the Community of Río Negro, and the State has had
the procedural opportunity to introduce its information or arguments in this respect, thus it
considers the information provided by the petitioners on May 7, 2007, to form part of the
record in this petition.
B.
Admissibility requirements
1.
Exhaustion of domestic remedies
66. Article 46(1)(a) of the American Convention provides that for a complaint submitted to the
Inter-American Commission to be admissible pursuant to Article 44 of the Convention, one
must have first pursued and exhausted domestic remedies, in keeping with generally
recognized principles of international law. The purpose of this requirement is to afford the
national authorities the opportunity to take stock of the alleged violation of a protected right,
and, if appropriate, resolve it before it is heard by an international body.
14