RESOLUTION 1/07

MARCH 9,  2007

            BACKGROUND:

            1.         On March 14, 2006, the Inter-American Commission on Human Rights (hereinafter "the Commission" or the "IACHR") approved Report  Nº 27/06 (Petition 569-99) on admissibility in Case 12.546 (Jacobo Arbenz Guzmán) in accordance with Articles 46 and 47 of the American Convention on Human Rights (hereinafter "the American Convention") as well as Articles 30, 37 and related provisions of its Rules of Procedure, notifying Guatemala on March 21, 2006.

            2.         In Report Nº 27/06 the Commission found that it was "competent to evaluate the alleged violations of the right to property and the rights to a fair trial and judicial protection and the right to equal protection before the law, all related to the obligations to respect and ensure rights and the duty to adapt domestic legislation in keeping with the international commitments assumed by the State, which could characterize violations of the rights of the alleged victims enshrined in Articles 21, 8, 25, 24 1.1 and 2, of the Convention."[1] In the same Report, the Commission concluded that it had jurisdiction to hear the complaint and that "the petition is admissible based on the admissibility requirements set forth in Articles 46 and 47 of the Convention and for the alleged violations of Articles 21, 8, 25, 24, 1.1, and 2 of the Convention."[2]

 
            3.         The decision in Report 27/06, however, found the petition inadmissible with respect to Article 24 of the American Convention, thereby making a material error.  Indeed, the relevant portion of the Report states: "THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, DECIDES: 1.  To declare the instant case admissible with regard to the alleged violations of the rights enshrined in Articles 21, 8, 25 and 24 of the Convention, in relation to Articles 1.1 and 2 of that international instrument. 2.  To declare the petition inadmissible with respect to the rights protected in Articles 5, 7, 14, and 10 and 24 of the Convention."[3]

            WHEREAS:

            A material error has been found in Report Nº 27/06 and needs to be corrected.

THE IACHR ACCORDINGLY DECIDES:

            1.         To correct Report Nº 27/06, approved on March 14, 2006, so that the petition is found admissible also with respect to Article 24 of the Convention and the relevant portion of the Report reads:

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,

DECIDES:

1.         To declare the instant case admissible with regard to the alleged violations of the rights enshrined in Articles 21, 24, 8 and 25 of the Convention, in relation to Articles 1.1 and 2 of that international instrument.

2.         To declare the petition inadmissible with respect to the rights protected in Articles 5, 7, 14, and 10 of the Convention.

3.         To notify this decision to the Guatemalan State and the petitioners.

4. To publish this decision and attach it to Report Nº 27/O6 in all printed and electronic publications of the IACHR.