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corresponding crimes; to the contrary, Article 1(1) of the Convention will also
have been violated;
d)
The State justified the freezing of the investigation owing to the
impossibility of hearing the victim’s statement; this is unacceptable,
considering the lines of investigation that were open to the Judiciary and
which were never exhausted. The obligation to investigate cannot depend on
the decision of the victim; and
e)
With regard to torture, the State acquired a series of special
obligations when the Inter-American Convention against Torture entered into
force; among the most important are the obligation to investigate and punish
torture, pursuant to Articles 1, 6 and 8 of the Convention. Although more
than ten years have elapsed since the facts occurred, the perpetrators of the
violations have not been investigated or punished; nor has the State repaired
the damage caused to the victim.
Arguments of the representatives of the alleged victim
105. Regarding the violation of Articles 8 and 25 of the Convention, in relation to
Article 1(1) thereof, and the violation of Articles 1, 6 and 8 of the Inter-American
Convention against Torture, the representatives of the alleged victim added the
following to the arguments presented by the Commission:
a)
On August 9, 2000, the President of the Republic of Guatemala
acknowledged the State’s responsibility for the facts on which the application
and the arguments contained in this pleading before the Inter-American Court
are based, which “is also equivalent to accepting that the violations of the
right to judicial guarantees and judicial protection of Maritza Urrutia and noncompliance with the obligations to investigate, prosecute and punish are the
State’s responsibility”;
b)
Maritza Urrutia was denied the right to be informed of the reason for
her detention, to communicate with a lawyer, and to be heard by a competent
authority;
c)
The simple, rapid and effective recourse to which Maritza Urrutia had a
right, when she was unlawfully deprived of her freedom by State agents,
corresponded to the remedy of habeas corpus, according to Articles 263 and
264 of the Guatemala Constitution. This recourse is regulated so that the
search for a person should be continuous, and the mere filing of the recourse
constitutes notification of a crime, so that the judge who hears it must initiate
an investigation de officio. In this case, the next of kin of the victim filed a
writ of habeas corpus through the Guatemalan Archdiocesan Human Rights
Office and another one was filed by the Guatemalan Ombudsman;
d)
The victim’s release was not the result of the recourses filed in her
favor, but was effected by her captors. Following her release, the Attorney
General took the alleged victim to the Fifth Criminal Trial Court to sign an act
of amnesty which had been drawn up previously. In other words, neither of
the two officials complied with their obligation to investigate the facts de
officio, based on the complaints. Even though, at that time, the authorities
might have believed that the absence of the victim was due to personal