3
[García Prieto] […] which occurred on June 10, 1994 in San Salvador, as well as for
the [alleged] threats of which his next of kin were subsequently victim[s] due to
their role in the investigation, and for the lack of adequate reparations for the
victims.” The Commission indicated that the violations for which it was requesting
the Court’s ruling “occurred after June 6, 1995, which is the date on which El
Salvador [recognized the] contentious jurisdiction" of the Court.
5.
The Commission requested that the Court conclude and declare that the State
is responsible for the violation of the rights enshrined in Articles 5 (Right to Humane
Treatment), 8 (Right to a Fair Trial) and 25 (Right to Judicial Protection) of the
American Convention, all in conjunction with Article 1(1) (Obligation to Respect
Rights) of the Convention, to the detriment of José Mauricio García Prieto Hirlemann,
Gloria Giralt de García Prieto, and Carmen Alicia Estrada. As a result of these alleged
violations, the Commission requested that the Court order the State to provide
certain reparations.
6.
In the present case, at the time of the submission of the brief containing
pleadings, motions, and evidence (hereinafter, “brief containing pleadings and
motions”) the alleged victims had not designated a common intervener. As a result,
two independent briefs containing pleadings and motions were submitted. One was
submitted by Carmen Alicia Estrada, in her own name and as representative of her
son Ramón Mauricio García Prieto Estrada. The other was submitted by José
Mauricio García Prieto Hirlemann and Gloria Giralt de García Prieto, parents of Ramón
Mauricio García Prieto, as well as by Ile María del Carmen García Prieto Taghioff,
Lourdes García Prieto de Patuzzo and Gloria María de los Ángeles García Prieto de
Charur (hereinafter, “María de los Ángeles García Prieto de Charur”), sisters of Mr.
García Prieto.
7.
Mr. Luis Mario Pérez Bennett, representative of Carmen Alicia Estrada and
Ramón Mauricio García Prieto Estrada, presented his brief containing pleadings and
motions on May 19, 2006. Like the Commission, Mr. Luis Mario Pérez Bennett
requested that the Court conclude and declare that the State violated Articles 5
(Right to Humane Treatment), 8 (Right to a Fair Trial) and 25 (Right to Judicial
Protection) of the American Convention, all in conjunction with Article 1(1)
(Obligation to Respect Rights) of the Convention, to the detriment of Carmen Alicia
Estrada, her minor son Ramón Mauricio García Prieto Estrada and “the other next of
kin of Ramón Mauricio García Prieto […]” without specifying the names of these other
family members. He asked the Court to order that the State adopt certain measures
of reparation.
8.
Likewise, José Mauricio García Prieto Hirlemann, Gloria Giralt de García Prieto,
Ile María del Carmen García Prieto Taghioff, Lourdes García Prieto de Patuzzo and
María de los Ángeles García Prieto de Charur, represented by CEJIL and IDHUCA,3
submitted their brief containing pleadings and motions on May 26, 2006. In this
brief, they requested that the Court declare that the State violated Articles 8 (Right
to a Fair Trial) and 25 (Right to Judicial Protection), in conjunction with the
obligations established in Article 1(1) of the Convention (Obligation to Respect
Rights) to the detriment of Ramón Mauricio García Prieto.
In addition, they
3
By power of attorney, the alleged victims appointed Matilde Guadalupe Hernández de Espinoza,
Claudia María Hernández Galindo and Henri Paul Fino Solórzano of IDHUCA, as well as Viviana Krsticevic
and Gisela De León of CEJIL as their representatives.
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