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Case of Blake v. Guatemala

Inter-Am. Ct. H.R. Ser. C No. 27 (1996)

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Case of Blake v. Guatemala

Inter-American Court of Human Rights
Inter-Am. Ct. H.R. Ser. C No. 27 (1996)

Facts

In March 1985, American Nicholas Blake disappeared in Guatemala (defendant). Blake’s family (plaintiffs) spent years trying to find him. In 1988, a Guatemalan official told the family that Blake had been killed by government actors in March 1985 and that his body had been burned to hide the crime. In 1992, Blake’s remains were located and identified, and a death certificate was issued confirming he died in 1985. Blake’s family submitted a complaint to the Inter-American Commission on Human Rights, alleging that Guatemala had violated the American Convention on Human Rights (ACHR). The commission determined that Guatemalan officials had caused Blake’s forced disappearance and death and had tried to cover up the offenses. The commission recommended that Guatemala prosecute and punish the individuals who had committed these acts, but Guatemala did not implement the commission’s recommendations. The commission submitted the matter to the Inter-American Court of Human Rights for further action. However, Guatemala had accepted the court’s jurisdiction only for events occurring in 1987 or later. Because Blake had been killed in 1985, Guatemala objected that the court had no jurisdiction to hear the case. The court considered the objection.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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