REPORT No. 26/91
The petition received by the Inter-American Commission on
Human Rights on October 26, 1987, to the effect that:
The transmission of this complaint to the Government of
Guatemala, via cable, on October 26, 1987, requesting that it provide
any information it considered relevant.
The copy of the cable and of the pertinent parts of the complaint
which the Commission sent to the Mission of the Government of Guatemala
to the OAS.
The transmissions sent to the Government of Guatemala on March
18, 1988, and July 18, 1988, repeating the request sent on October 26,
The communication repeating the request for information, this
time in a note dated July 19, 1990, reminding the Government of
Guatemala that if the information was not supplied the information
reported would be presumed to be true (in accordance with Article 42 of
That the Government of Guatemala has not responded to the
Commission's request for information on this case, in spite of an
express written reminder.
That the Government's failure to respond precludes application of
the friendly settlement procedure in the instant case.
That Article 42 of the Regulations of the Commission reads as
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 34 paragraph 5, the government has not
provided the pertinent information, as long as other evidence does not
lead to a different conclusion.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
To presume as true the facts reported in the communication dated
October 26, 1987, concerning the abduction of Domingo Morente Gomez, on
October 22, 1987, in the La Vega district, Sacualpa, Quiche, Guatemala.
To declare that the Government of Guatemala has failed under
Article 1.1. of the American Convention on Human Rights to ensure the
full and free enjoyment of the right to personal liberty (Article 7 of
the said Convention, of which Guatemala is a State Party).
To recommend to the Government of Guatemala that it order an
exhaustive investigation into the events denounced in order to identify
those responsible and bring them to trial so that they may receive the
penalties called for under the law, that it adopt the necessary measures
to prevent a recurrence of such acts, and that it pay fair compensation
to the victims's family.
To request that the Government of Guatemala advise it of the
measures which it has adopted in order to evidence compliance with this
recommendation within a period of 90 days.
To transmit this report to the Government of Guatemala, in
accordance with the provisions of Article 50 of the American Convention.
To consider at the next regular meeting of the Commission whether
the measures taken by the Government of Guatemala are in compliance with
the recommendations set forth above and to decide at that time whether
or not publish this report.