3
8.
On January 27, 1994, during a public hearing, various documents were
received, including the petitioners' reply. The latter was forwarded to the State on
November 14, 1994.
9.
The Commission held various special hearings to receive the testimony of
persons related to the case. Santiago Cabrera López appeared on November 3,
1994, and June 6, 1995. Nery Ángel Urízar García made a statement on September 7
and 8, 1995. However, the witness did not appear at a hearing programmed for the
same purpose on November 29, 1995.
10.
On November 8, 1994, the Commission requested the State to provide
information on domestic investigations relating to the case. On November 18, 1994,
the State replied to this request by sending information that had appeared in the
press and, on the following December 12, information on the actions taken. The
petitioners forwarded their observations on this information on February 9, 1995.
11.
On December 19, 1994, the State sent its answer in the case, while, following
an extension, the petitioners submitted their observations on February 9, 1995. The
State added to its reply a public report and a press communiqué, forwarded on
March 13, 1995, and the petitioners responded to this information on August 3,
1995.
12.
On June 27, 1995, the Commission received a new request for precautionary
measures, this time in favor of Julio E. Arango Escobar, who was acting as the
special prosecutor in the Bámaca Velásquez Case and had been the victim of an
alleged attack owing to his connection with the case. On July 21 that year, the State
responded to this request. No further proceedings took place in this respect,
because Arango Escobar resigned from office.
13.
On December 20, 1995, the Commission informed the parties that the
Bámaca Velásquez Case would be processed independently from that of the other
URNG combatants. In January 1996, the petitioners sent the Commission a copy of
the documents of the Guatemalan court proceedings in the Bámaca Velásquez Case.
14.
On January 17, 1996, the Commission received a new request for the
adoption of precautionary measures in favor of the persons who “were connected
with the investigation and prosecution of the Bámaca [Velásquez] Case”. The
persons for whom protection was requested were Lesbia Pevalan, Rodolfo Azmitia,
Jennifer Harbury and José E. Pertierra. This request arose owing to the alleged attack
against Pertierra, which occurred on January 5, 1996. On February 27, 1996, the
State sent a report on the precautionary measures that had been adopted.
15.
On February 16, 1996, the State sent its report on the Bámaca Velásquez
Case.
16.
On March 7, 1996, during its 91st session, the Commission approved Report
No. 7/96, the operative part of which determined as follows:
1
That, in the lights of the information and observations that have been
presented […,] the State of Guatemala has violated the human rights to life, to humane
treatment, to personal liberty, to a fair trial and to judicial protection embodied in
Articles 4, 5, 7, 8 and 25 of the American Convention and has failed to comply with the
obligation established in Article 1.