RESOLUTION Nº 18/82
March 9, 1982
Inter-American Commission on Human Rights received the following
denunciation in a communication dated May 11, 1981:
del Carmen Marasso Beltrán de Burgos, aged 30, a citizen of both Chile
and Italy, married to a citizen of E1 Salvador, was arrested by security
forces along with her son, Ramiro Ignacio Burgos Marasso, aged one and a
half, on April 25, in her home. The security forces took them to the
investigations section of the Guatemalan National Police and no charges
have been brought against them. At the time of her arrest, Mrs. Marasso
Beltrán de Burgos was 8 months pregnant. There are eye-witnesses to the
events. No more has been heard of them, and there is fear for their
2. In a cabled
note of May 11, 1981, the Commission transmitted the pertinent parts of
this denunciation to the Government of Guatemala, and asked it to
provide the corresponding information.
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.
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 additional information in its possession that corroborate the events
recounted in the denunciation.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
1. On the basis of
Article 39 of the Regulations, to presume to be true the acts denounced
in the communication of May 11, 1981, concerning the arrest, arbitrary
detention and subsequent disappearance of Mrs. Iride del Carmen Marasso
Beltrán de Burgos and of her youngest son, aged one and a half, Ramiro
Ignacio Burgos Marasso.
2. To declare that
the Government of Guatemala violated Article 7 (right to personal
liberty) 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 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