REPORT No. 27/91
The petition received by the Inter-American Commission on
Human Rights on October 27, 1987, to the effect that:
The note of October 30, 1987, transmitting a copy of this
denunciation to the Government of Guatemala and requesting that it
provide the information that it deemed pertinent.
The note, of that same date, forwarding a copy of that letter and
the pertinent parts of the denunciation to the Mission of the Government
of Guatemala to the OAS.
The communications sent on March 18, 1988, and July 18, 1988,
repeating the content of the note sent to the Government of Guatemala on
October 30, 1987.
The note sent July 19, 1990, repeating the request for
information and advising the Government of Guatemala that if that
information was not supplied the facts would be presumed to be true
(pursuant to Article 42 of the Regulations).
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
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
To presume as true the facts reported in the communication dated
October 27, 1987, concerning the abduction of German Ventura Hernandez
on October 22, 1987.
To declare that the Government of Guatemala has failed under
Article 1.1 of the American Convention on Human Rights to ensure the
free and full 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 grave acts, and that it pay fair
compensation to the victim'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 provision 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 to publish this report.