INTER AMERICAN COURT OF HUMAN RIGHTS : Molina Theissen v. Guatemala


Facts: During the armed conflict in Guatemala, a 14 year old student was kidnapped by members of the army. The State had never really investigated the case despite the fact that the family of the student had taken legal actions.

Claimants : Inter-American Commission for Human Rights and the Centro por la Justicia y el Derecho Internacional (CEJIL)

Rights at stakes: Obligation to respect the rights of the convention, family protection, Rights of the child, judicial protection, right to life, right to personal integrity, right to personal freedom, judicial guarentee

Texts: Inter-American Convention for Human Rights : art 1, 17, 19, 25, 4, 5, 7, 8.

Solution: The Court estimated that Guatemala had violated the Inter-American Convention for Human Rights on the articles quoted above.