I INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE 1. On February 18, 2011, under the provisions of Articles 51 and 61 of the Convention, as well as Article 35 of the Court’s Rules of Procedure, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted to the jurisdiction of the Court, case No. 12,590 against the Republic of Guatemala (hereinafter also “the State” or “Guatemala”). The original petition was lodged before the Inter-American Commission on December 9, 2005, by Makrina Gudiel Álvarez, Laurenta Marina Sosa Calderón, Juan Francisco Barillas Barrientos, Reyna de Jesús Escobar Rodríguez, Renato Guzmán Castañeda, Ana Dolores Monroy Peralta, Sonia Guisela Calderón Revolorio, María del Rosario Bran, Manuel Ismael Salanic Tuc, Natalia Gálvez Soberanis, Mirtala Elizabeth Linares Morales, Wendy Santizo Méndez, María Froilana Armira López, Efraín García, Paulo René Estrada Velásquez, Aura Elena Farfán, Miguel Ángel Alvarado Arévalo, Augusto Jordán Rodas Andrade, Nadezhda Elvira Vásquez Cucho, and also Helen Mack Chang and Leslie Karina Figueroa Arbizú, on behalf of the Myrna Mack Foundation. 3 On October 22, 2010, the Commission approved Admissibility and Merits Report No. 116/10, 4 in keeping with Article 50 of the American Convention. This report was forwarded to the State on November 18, 2010, which was granted two months to provide information on the measures adopted to comply with its recommendations. On January 21, 2011, the State presented the respective report. The Commission decided to submit this case to the InterAmerican Court, “owing to the need to obtain justice for the [presumed] victims and because of the State’s failure to provide detailed and substantial information on compliance with the recommendations.” The Commission appointed Dinah Shelton, Commissioner, Santiago A. Cantón, then Executive Secretary, and Catalina Botero, Special Rapporteur for Freedom of Expression, as delegates, and Elizabeth Abi-Mershed, Deputy Executive Secretary, and Karla Quintana Osuna and Isabel Madariaga, lawyers of the Executive Secretary, as legal advisers. 2. According to the Commission, this case concerns the alleged “forced disappearance of the 26 [presumed] victims listed in the merits report, the [alleged] forced disappearance and extrajudicial execution of Rudy Gustavo Figueroa Muñoz, and the [alleged] detention and torture of the child, Wendy Santizo Méndez.” In addition, according to the Inter3 On November 17, 2006, in response to a request by the representatives of the victims, the Commission decided to joinder petitions Nos. 9,565 (Otto René Estrada Illescas), 9,554 (Rubén Amílcar Farfán) and 9,326 (Sergio Leonel Alvarado), to petition No. 1424-05 concerning this case, considering that the petitions “involved the same people.” Cf. Admissibility and Merits Report No. 116/10, Case of 12,590, José Miguel Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala, October 22, 2010 (merits file, tome I, folio 160, para. 10). On October 2, 2012, the representatives requested the joinder of the petitions of Alfonso Alvarado Palencia, Zoilo Canales Salazar, Moisés Canales Godoy, Félix Estrada Mejía, Crescencio Gómez López, Luis Rolando Peñate Lima, Benjamín Rolando Orantes Zelada, Rudy Gustavo Figueroa Muñoz, Alma Ledy Poza Gudiel, and their next of kin. Subsequently, the next of kin of Benjamin Rolando Orantes Zelada and Alma Ledy Poza Gudiel “expressed […] their wish to withdraw their respective complaints” for “for strictly personal and family reasons.” Consequently, the Commission’s Merits Report incorporated the following as petitioners: Amanda Lizeth Alvarado Sánchez, Yordín Eduardo Herrera Urízar, Salomón Estrada Mejía, Fredy Anelson Gómez Moreira, Luis Moisés Peñate Munguía and Rudy Alberto Figueroa Maldonado.” Cf. Brief of the representatives of September 13, 2006, received on October 2, 2006 (file of proceedings before the Commission, tome I, folios 1718 and 1719); brief of the representatives of October 6, 2006, received on October 16, 2006 (file of proceedings before the Commission, tome I, folio 1707 and 1708); communication of September 25, 2006, addressed by Paulo René Estrada Vásquez, Aura Elena Farfán and Miguel Ángel Alvarado to the Inter-American Commission (file of proceedings before the Commission, tome I, folio 1556), and Communication of November 17, 2006 of the Inter-American Commission (file of proceedings before the Commission, tome I, folio 1554) 4 Based on Article 37(3) of the Rules of Procedure of the Commission (actual Article 36(3)), on December 14, 2006, this organ decided to open the case as No. 12,590 and “to defer addressing admissibility until the discussion and decision on the merits.” Cf. Report on Admissibility and Merits No. 116/10 of October 22, 2010, (merits file, tome I, folios 7 to 147) -4-

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