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Center For Human Rights and Humanitarian Law
RESOLUTION No. 16/82
CASE 7778 (GUATEMALA)
March 9, 1982
- The Inter-American Commission on Human Rights received the following denunciation in a communication dated November 24, 1980:
Bishop Juan Gerardi, President of the Conference of Bishops of Guatemala, and a
native-born Guatemalan, was denied entry to his country on November 22.
Bishop Gerardi was returning from Rome, where he had participated in the Synod
of the Roman Catholic Church, where, at the request of the Conference of Bishops of Guatemala, he had
presented a personal report to Pope John Paul II on the situation of the Church in Guatemala.
Bishop Gerardi escaped an attempt on his life on July 19, 1980. In the company of
priests and nuns from the Diocesis of E1 Quiche, Bishop Gerardi left the diocesis to save their lives.
- In a note dated April 3, 1981, the Commission transmitted the pertinent parts of
this denunciation to the Government of Guatemala, asking it to provide the corresponding
- In a note of August 10, 1981, the Commission again wrote to the Guatemalan
Government repeating its request for information, and reminding it that unless such information was
forthcoming within the corresponding legal deadline, in application of Article 39 of the Regulations, the events related in the petition, the pertinent parts of which have been transmitted to it, would be presumed to be true.
- To date, the Government of Guatemala has not replied to the Commission's
requests for information in relation to the present case.
- It appears from the Government of Guatemala's failure to reply to the
Commission's request for information that the hearing for friendly settlement called for in the Commission's Regulations is not in order.
- Article 39 of the Regulations of the Commission provides as follows:
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The facts reported In the petition whose pertinent parts have been
transmitted to the government of the state in reference shall be presumed to
be true If, during the maximum period set by the Commission under the
provisions of Article 31, paragraph 5, the government has not provided the
pertinent information, as long as other evidence does not lead to a different
- The Commission has in its possession some additional points of information that
corroborate the events recounted in the denunciation.
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
- On the basis of Article 39 of the Regulations, to presume to be true the acts
denounced In the communication of November 24, 1980 reporting the fact that Catholic Bishop Juan Gerardi had
been denied entry to his own country--a de facto expulsion--when he returned from his trip to Rome
where, at the request of the Conference of Bishops of Guatemala, he had presented a personal report to Pope John Paul II on the situation of the Church in Guatemala.
- To declare that the Government of Guatemala violated Articles 22 (freedom of
movement and residence), 12 (freedom of conscience and religion), and 13 (freedom of thought and
expression) of the American Convention on Human Rights.
- To recommend to the Guatemalan Government that it investigate the events denounced, and
that if appropriate, it punish those responsible, and to ask it kindly to communicate its decision to
the Commission within a maximum of 60 days.
- To recommend to the Government of Guatemala: a) that Catholic Bishop Juan Gerardi be permitted to return to Guatemalan territory, his country of birth, and to live there again, if he so wishes; b)
that it investigate the events denounced and that it punish those responsible for them, and c) that
it inform the Commission within 60 days as to the measures taken to put the recommendations in this
paragraph into practice.
- To communicate this resolution to the Government of Guatemala and to the claimants.
- If the Government of Guatemala does not present its observations within the time
period set in paragraph 3 of this resolution, the Commission shall include this resolution in its Annual Report to the General Assembly, in accordance with Article 59, paragraph g of the Regulations of the
[ Inter-American Human Rights