Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004
Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004
Inter-American Court of Human Rights Case of the Plan de Sanchez Massacre V. Guatemala Judgment of November 19, 2004 (Reparations)In the Case of the P Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004Plan de Sanchez Massacre.the Inter-American Court of Human Rights (hereinafter "the Court” or "the InterAmerican Court"), composed of the following judges:Sergio García Ramirez, PresidentAlirio Abreu Burelli, Vice PresidentOliver Jackman. JudgeAntonio A. Can^ado Trindade. JudgeCecilia Medina Quiroga Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004, JudgeManuel E. Ventura Robles. Judge Diego Garcia-Sayan. Judge, and Alejandro Sanchez Garrido Judge ad hoc.also present.Pablo Saavedra Alessandri. SPlan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004
ecretary, andEmilia Segares Rodríguez, Deputy Secretary.in accordance with Articles 29. 56, 57 and 58 of the Rules of Procedure of the Court (hereinafInter-American Court of Human Rights Case of the Plan de Sanchez Massacre V. Guatemala Judgment of November 19, 2004 (Reparations)In the Case of the P Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004), delivers this judgment.I INTRODUCTION OF THE CASE1On July 31, 2002, the Inter-American Commission on Human Rights (hereinafter "the Commission" or "the Inter-American Commission") filed an application against the State of Guatemala (hereinafter "the State” or "Guatemala"), before the Inter-Americ Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004an Court, originating from petition No. 11,763, received by the Secretariat of the Commission on October 25, 1996.2The Commission submitted the applicPlan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004
ation, based on Article 61 of the American Convention, for the Court to "declare that the State was internationally responsible (...) for violations tInter-American Court of Human Rights Case of the Plan de Sanchez Massacre V. Guatemala Judgment of November 19, 2004 (Reparations)In the Case of the P Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004n relation to the obligation to respect rights, which are embodied in Articles 5. 8, 25. 24. 12. 21 and 1[(1>] of the American Convention." In the application, the Commission alleged "denial of justice and other acts of intimidation and discrimination affecting the rights to humane treatment, freedo Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004m of conscience and2religion, and property of the survivors, and the next of kin of the victims of the massacre of 268 individuals (...], mostly membePlan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004
rs of the Maya indigenous people of the village of Plan de Sanchez. Municipality of Rabinal, Department of Baja Verapaz. perpetrated by members of theInter-American Court of Human Rights Case of the Plan de Sanchez Massacre V. Guatemala Judgment of November 19, 2004 (Reparations)In the Case of the P Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004r specific pecuniary and non-pecuniary reparations and payment of the costs and expenses arising from processing the case at the national level, and at the international level before the organs of the inter-American system for the protection of human rights.II COMPETENCE4Guatemala has been a State P Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004arty to the American Convention since May 25. 1978. and accepted the contentious jurisdiction of the Inter-American Court on March 9. 1987. ConsequentPlan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004
ly, the Court is competent to hear this case, in the terms of Articles 62 and 63(1) of the Convention.Ill PROCEEDING BEFORE THE COMMISSION5On October Inter-American Court of Human Rights Case of the Plan de Sanchez Massacre V. Guatemala Judgment of November 19, 2004 (Reparations)In the Case of the P Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004tives" or "the representatives") submitted a petition to the Inter-American Commission. On July 1. 1997. the Commission opened case No. 11,763 and forwarded the pertinent parts of the petition to the State.6On March 11, 1999, during its one hundred and second regular session, the Inter-American Comm Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004ission adopted Report No. 31/99 on the admissibility of the case.7On February 28. 2002, during its one hundred and fourteenth regular session, havingPlan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004
examined the positions of the parties and considering that the friendly settlement stage had terminated, the Commission, in accordance with the provisInter-American Court of Human Rights Case of the Plan de Sanchez Massacre V. Guatemala Judgment of November 19, 2004 (Reparations)In the Case of the P Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004E THE COURT8On July 31, 2002. the Inter-American Commission filed the application before the Court. On August 22, 2002, after the President of the Court (hereinafter "the President") had made a preliminary review of the application, the Secretariat of the Court (hereinafter "the Secretariat") notifi Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004ed it to the State, informing the latter of the time for answering it and appointing its representatives for the proceedings. The same day, on the insPlan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004
tructions of the President, the Secretariat informed the State of its right to appoint a judge ad hoc to take part in the consideration of the case. AInter-American Court of Human Rights Case of the Plan de Sanchez Massacre V. Guatemala Judgment of November 19, 2004 (Reparations)In the Case of the P Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004t it had 30 days to present its brief with requests, arguments and evidence (hereinafter "requests and arguments brief”).9On September 27, 2002. the victims' representatives remitted the requests and arguments brief.310On November 1. 2002, the State submitted its brief filing preliminary objections, Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 20041 answering the application, and commenting on the requests and arguments brief.11On February 19, 2004, the President issued an order in which he requPlan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004
ested the Inter-American Commission, pursuant to Article 47(3) of the Rules of Procedure, to arrange for Benjamin Manuel Jeronimo and Eulalio Grave RaInter-American Court of Human Rights Case of the Plan de Sanchez Massacre V. Guatemala Judgment of November 19, 2004 (Reparations)In the Case of the P Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004ller to provide their expert reports by statements made before notary public (affidavits). The President granted a nonextendible period of 20 days from the transmittal of these affidavits for the representatives and the State to forward their comments on the statements and expert reports. The Presid Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004ent also convened the Inter-American Commission, the representatives, and the state to a public hearing to be held at the seat of the Court as of ApriPlan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004
l 23, 2004, to hear their arguments on preliminary objections and merits, reparations and costs, and to hear the testimony of Juan Manuel Jeronimo, NaInter-American Court of Human Rights Case of the Plan de Sanchez Massacre V. Guatemala Judgment of November 19, 2004 (Reparations)In the Case of the P Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004 Commission. In this order, the President also informed the parties that they had until May 24. 2004. to submit their final written arguments.12On March 11, 2004, the Commission forwarded the testimonies of Benjamin Manuel Jeronimo and Eulalio Grave Ramirez and the expert reports of Luis Rodolfo Ram Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004irez García and José Fernando Moscoso Moller, all of them provided before notary public (affidavits). On March 12 and 15. 2004. the Secretariat forwarPlan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004
ded to the representatives and to the State, respectively, the above statements remitted by the Commission, so that they could present any comments thInter-American Court of Human Rights Case of the Plan de Sanchez Massacre V. Guatemala Judgment of November 19, 2004 (Reparations)In the Case of the P Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004rative Institute of Guatemala) (ICCPG), the Centro de Estudios sobre Justicia y Participación [Justice and Participation Study Center] (CEJIP) and the Institute de Estudios Comparados en Ciencias Penales y Sociales [Institute for Criminal Sciences Comparative Studies] (INECIP) submitted an amici cur Plan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004iae brief.14On April 23 and 24, 2004, the Court held a public hearing, in two parts. There appeared before it:for the Inter-American Commission on HumPlan de Sánchez Massacre. Reparations and Costs. Judgment. November 19, 2004
an Rights:Susana Vĩllarán. Delegate Maria Claudia Pulido, adviserInter-American Court of Human Rights Case of the Plan de Sanchez Massacre V. Guatemala Judgment of November 19, 2004 (Reparations)In the Case of the PInter-American Court of Human Rights Case of the Plan de Sanchez Massacre V. Guatemala Judgment of November 19, 2004 (Reparations)In the Case of the PGọi ngay
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