American Commission cannot pronounce on a case that has already been disposed of in accordance with its
system of laws.
24.
In relation to the alleged failure to provide compensation to the victims and their families,
the State said that talks were held with the petitioners. It said that in spite of the efforts made, no agreement
was reached on the amounts to be paid in compensation to the next of kin of those who died and to the
survivors.
IV.
ANALYSIS OF COMPETENCE AND ADMISSIBILITY
A.
The Commission’s competence ratione personae, ratione loci,
ratione temporis, and ratione materiae
25.
The petitioners have standing under Article 44 of the American Convention to lodge
petitions. In addition, the alleged victims are individuals who were under the jurisdiction of the State of
Guatemala at the time of the facts adduced. Therefore, the Commission has ratione personae competence to
examine the petition. The Commission is competent ratione loci to take cognizance of the petition, insofar as it
alleges violations of the American Convention that are said to have taken place in the territory of a state party
to that treaty. Similarly, the IACHR has ratione materiae competence because the petition refers to alleged
violations of the American Convention. The Commission is also competent ratione temporis to examine the
claim as Guatemala ratified the American Convention on May 25, 1978. Therefore, the obligation of the State
to respect and ensure the rights recognized in the American Convention was in force at the time that the
alleged facts are said to have occurred.
B.
Exhaustion of domestic remedies
26.
Article 46(1)(a) of the American Convention provides that in order for a complaint
submitted to the Inter-American Commission pursuant to Article 44 of the same instrument to be admissible,
one must have pursued and exhausted domestic remedies in keeping with generally recognized principles of
international law. This rule is designed to allow national authorities to examine alleged violations of
protected rights and, as appropriate, to resolve them before they are taken up in an international proceeding.
27.
As the Commission has pointed out, to analyze compliance with the requirement to exhaust
domestic remedies, the Commission must determine what was the appropriate remedy to exhaust under the
circumstances, meaning the remedy best suited to resolving the legal infringement. Furthermore, the
precedents established by the Commission indicate that in cases of alleged extrajudicial executions, a criminal
investigation and proceeding in the regular courts is the suitable recourse to clarify the facts, try those
responsible, and establish appropriate criminal penalties, in addition to providing for other forms of
reparation.1
28.
The Commission notes that after the petition was lodged there were developments in the
proceedings initiated at the domestic level in connection with the incident. Thus, the investigations were
opened in the military criminal jurisdiction the day after the events occurred and were transferred to the
regular criminal courts towards the end of January 1996. In addition, the IACHR takes note of the fact that on
July 8, 2004, the Sentencing Court for Criminal Matters, Drug Trafficking and Environmental Crimes of Alta
Verapaz Department handed down a judgment convicting 14 members of the armed forces for the crimes of
extrajudicial execution and grievous bodily harm. On September 23, 2005, the Supreme Court declared that
judgment final. The IACHR notes that there is no disagreement between the parties over the conclusion of the
criminal proceeding.
1 IACHR, Report No. 51/08, Petition 299-07, Admissibility, Robert Ignacio Díaz Loreto et al., Venezuela, July 24, 2008; and
Report No. 23/07, Petition 435-2006, Admissibility, Eduardo José Landaeta Mejías et al., Venezuela, March 9, 2007.
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