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case until its conclusion. In that way the families of Nicholas Blake and Griffith Davis
obtain effective reparations and there is a precedential frontal assault on impunity in
general and particularly on those acts that were established in the July 2, 1996
Judgment on Preliminary Objections, concerning the disappearance and death of
Blake and Davis. That decision resulted from the State of Guatemala acceptance of
the competence of the Honorable Inter-American Court of Human Rights on March 9,
1987 “with the reservation that cases in which the competence of the Court is
recognized are exclusively those that shall have taken place after the date that this
declaration is presented to the Secretary General of the Organization of American
States,” and the fact that the events in this case occurred two years earlier (March,
1985).
Therefore, the Court declared itself to be incompetent concerning the
alleged responsibility of the State of Guatemala for the detention and death of the
persons named, whose mortal remains were recovered in June, 1992.
It was for that reason that my Concurring Opinion to the Judgment dated January
24, 1998, rendered by the Honorable Inter-American Court of Human Rights affirmed
that:
...the State should be urged to conduct an exhaustive investigation, through the
Department of the District Prosecutor (Ministerio Público) to determine the “real truth”
about the acts perpetrated against Mr. Blake and Mr. Davis; and their families should be
required to cooperate with the Office of the Public Prosecutor and the court hearing the
case, in order to produce the evidence necessary for the case to be resolved with due
process and in that way launch a frontal assault on impunity.
At the procedural stage corresponding to reparations, it becomes necessary, in order
to carry out the Judgment in its true sense, for the State of Guatemala to put its full
effort into an effective, dynamic, and prompt investigation of the facts, to convict the
material and intellectual perpetrators and accessories after- the-fact in accordance
with the criminal law applicable to the case, and to provide the periodic information
required by this Honorable Court.
Only after carrying out an in depth, objective, and prompt investigation, can it be
said that the present Judgment on reparations has been obeyed so as to conclusively
close the present case.
Alfonso Novales-Aguirre
Judge
Manuel E. Ventura-Robles
Secretary
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