RESOLUTION Nš 14/82
Inter-American Commission on Human Rights received the following
denunciations in a communication dated September 9, 1981:
report that on October 10, 1980, Kai Yutah Clouds (also known as Veit
Nikolaus Stoscheck), a US citizen, who worked with the Mayas in
Guatemala on an educational and cultural project, at the invitation of
the Indians themselves, was kidnapped at gunpoint by five men in the
Department of Chimaltenango. These men were recognized by more than 100
witnesses as being security officers. The victim's body showed signs of
torture when it was found the following day in the city of Antigua, many
are profoundly saddened by this situation, because we knew of his fine
work with the Indians and knew him to be a man of wisdom and compassion.
The information provided by the Guatemalan authorities, the media and
eyewitness accounts are very different, and we want a full and detailed
investigation of this case.
2. In a note of
April 1, 1981, the Commission transmitted the pertinent parts of this
denunciation to the Government of Guatemala, and asked it to provide the
3. In a note of
August 10, 1981, the Commission again wrote to the Guatemalan Government
reiterating its request for information, and reminding it that unless
such information were forthcoming within the corresponding legal
deadline, in application of Article 39 of the Regulations, the events
recounted in the petition, the pertinent parts of which had been
transmitted to it, would be presumed to be true.
1. To date, the
Guatemalan Government has not replied to the commission's requests for
information in relation to the present case;
2. It appears from
the Government of Guatemala's failure to reply to the Commission's
request for information that the hearing for friendly settlement called
for in the Commission's Regulations is not in order;
3. Article 39 of
the Regulations of the Commission provides:
facts reported in the petition whose pertinent parts have been
transmitted to the government of the state in reference shall be
presumed to be true if, during the maximum period set by the Commission
under the provisions of Article 31, paragraph 5, the government has not
provided the pertinent information, as long as other evidence does not
lead to a different conclusion.
4. The Commission
has in its possession some additional points of information that
corroborate the events addressed by the denunciation,
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
1. In application
of Article 39 of the Regulations, to presume the acts denounced in the
communication of September 9, 1981, concerning the kidnapping, torture
and murder of Kai Yutah Clouds (also known as Veit Nikolaus Stoscheck)
to be true.
2. To declare that
the Government of Guatemala violated Articles 4 (right to life) and 5
(right to humane treatment) of the American Convention on Human Rights.
3. To recommend to
the Guatemalan Government that it investigate the events denounced, and
that if pertinent, it punish those responsible, and that it kindly
communicate its decision to the Commission within a maximum of 60 days.
4. To communicate
this resolution to the Government of Guatemala and to the claimants.
5. If the
Government of Guatemala does not present its observations within the
time period set in paragraph 3 of this resolution, the Commission shall
include this resolution in its Annual Report to the General Assembly, in
accordance with Article 59, paragraph g of the Regulations of the