Report No. 81 (2014) IACHR. Petition No. 11.483 (Guatemala)

• Petition Number: 11.483
• Report Number: 81
• Respondent State: Guatemala
• Case Type: Archive
• Court: Inter-American Comission of Human Rights
• Alleged Victim: Leandro Zelada Méndez

REPORT No. 81/14

PETITION 11.483

REPORT ON ARCHIVE

LEANDRO ZELADA MÉNDEZ

GUATEMALA

OEA/Ser.L/V/II.152

Doc. 13

15 A. 2014

Original: Spanish

Approved by the Commission at its session No. 2002 held on A. 15, 2014
152 Special Period of Sessions

Cite as: IACHR, Report No. 81/14, P. 11.483. A.. L.Z.M.. Guatemala. A. 15, 2014.

www.cidh.org

REPORT No. 81/14

CASE 11.483

DECISION TO ARCHIVE

LEANDRO ZELADA MÉNDEZ

GUATEMALA

AUGUST 15, 2014

ALLEGED VICTIM: Leandro Zelada Méndez

PETITIONER: Human Rights Commission of El Salvador

ALLEGED VIOLATIONS: Articles 3, 4, 5, 7, and 8 of the American Convention on Human Rights

DATE OF INITIAL PROCESSING: May 3, 1991

I. POSITION OF THE PETITIONERS

1. On May 3, 1991, the Human Rights Commission of El Salvador (hereinafter “the petitioners”) filed a petition with the Inter-American Commission on Human Rights for the alleged violation of the rights to juridical personality, humane treatment, personal liberty, and a fair trial regarding L.Z.M. (hereinafter, also “the alleged victim”), a young man who was reportedly victim of a forced disappearance. The petition was initially submitted with regard to El Salvador as the series of events had begun in that country, but it was later processed in connection with Guatemala (hereinafter “the S.” or “the Guatemalan state”), because of the alleged involvement of that country’s authorities.

2. The petitioners reported that at 18:30 (6:30 in the evening) on November 27, 1990, L.Z.M., a 23-year old Guatemalan citizen and resident of the canton of Piletas, municipality of Santiago de la Frontera, department of S.A., El Salvador (which borders Guatemala), had allegedly been taken into custody in his home by Salvadoran police agents –supposedly in order to give a statement– and subsequently disappeared.

3. The petitioners indicate that on November 28, relatives of the alleged victim went to the police to inquire about his whereabouts and were informed that he was being held for having reportedly committed a crime; the police did not specify what the charges were, nor were the family members allowed to see him. Later, the police informed them that the alleged victim had reportedly been transferred to Guatemala on November 30, “due to his nationality,” and turned over to Guatemala’s “G-2” force in Jutiapa military zone No. 10. The Guatemalan authorities, however, allegedly denied having him in their custody.

4. The petitioners reported that a number of Guatemalan human rights organizations had made efforts to find the whereabouts of the alleged victim, but unsuccessfully.

II. POSITION OF THE STATE

5. The Guatemalan state reported that, via the Presidential Commission to Coordinate Executive Policy on Human Rights (COPREDEH), it proceeded to coordinate the investigation by compelling the Ministries of National Defense and Government, the O. of the Attorney General, and the O. of the National Police to take the actions necessary to clarify the facts reported.

6. According to Guatemala’s O. of Immigration, there was reportedly no record of the alleged victim having entered Guatemalan territory in the period between November 27 and December 20, 1990. The S. therefore claimed it lacked specific information that would enable it to verify and investigate the facts reported to the IACHR.

7. Guatemala further indicated that COPREDEH had sent a note to El Salvador’s O. of the Prosecutor for the Defense of Human Rights asking it to forward all information related to the facts of the petition since the disappearance had allegedly occurred in El Salvador.

III. PROCESSING BY THE IACHR

8. The petition was received on May 3, 1991, and initially registered under No. 10.884. The IACHR forwarded the petition to the S. of El Salvador on May 23, 1991. The S. responded on A. 8, 1991, and its response was forwarded to the petitioners the next day. The petitioners submitted their observations thereon on March 27, 1992.

9. On November 1, 1993, the Inter-American Commission, based on the updated information regarding the facts, sent a communication to the Government of Guatemala requesting information on the whereabouts of the alleged victim. T. request for information was repeated on January 19, 1994. However, no response was received.

10. On May 17, 1995, the Inter-American Commission, pursuant to Article 34 of its Rules of Procedure in force at the time, forwarded the relevant portions of the petition (now identified under number 11.483) to the S. of Guatemala, giving it 90 days to submit its response. On A. 17, 1995, the S. requested an extension, which was granted by the IACHR on A. 21, 1995.

11. On...