the rights recognized in Articles 8(1) and 25(1) of the Convention, in relation to Article 1(1)
thereof, to the detriment of Mr. Garzón Guzmán.
16. Finally, it recognized its international responsibility for the violation of Articles 8(1),
25(1) and 5(1) of the American Convention, in relation to Article 1(1) thereof, and Article I(b)
of the Inter-American Convention on Forced Disappearance of Persons for the violations that
occurred after its entry into force, to the detriment of the next of kin of Mr. Garzón Guzmán,
as indicated in the Merits Report.
17. The Commission took note of the State’s recognition of international responsibility and
found it to be a positive contribution to the search for truth, justice and reparations and for
the dignity of Mr. Garzón Guzmán and his family members. It, nevertheless, requested that
the Court deliver a judgment in which it determine the scope of the recognition in light of the
facts of the case and thus give it legal effect. It also asked the Court that it resolve the issues
that the representative raised and determine the reparations.
18. The representative appreciated the importance of the State’s recognition of
responsibility made during the public hearing and indicated that the recognition permitted the
family of Mr. Garzón Guzmán to obtain justice. It requested that the Court declare the State’s
international responsibility.
B. Considerations of the Court
19. The Court recalls that, based on Articles 62 and 64 of its Rules and in exercise of its
authority to oversee the judicial protection of human rights, a matter of international public
order, it is incumbent on it to ensure that the acknowledgement of responsibility is acceptable
for the purposes sought by the inter-American system.8 The Court, therefore, will analyze the
scope of the recognition of responsibility, considering its effects in relation to the facts of this
case, the legal claims and the measures of reparation.
B.1 Regarding the facts
20. Ecuador accepted “the facts as they were described by the Inter-American Commission
on Human Rights in its Merits Report No. 22/17 issued on March 18, 2017.” The Court finds
that no controversy remains on the factual framework of the case. It, nonetheless, notes that
there remains a controversy on the determination of the victims in this case. It will refer to
this matter at a later stage (infra paras. 31 and 32).
B.2 Regarding the legal claims
21. The State accepted the claims contained in the brief of submission of the case and
accepted that the response of the national authorities was incompatible with international
standards and affected the rights that the Commission found to be violated.
22. The Court notes that the recognition of responsibility expressly encompasses all of the
violations of the American Convention on Human Rights and of the Inter-American Convention
on Forced Disappearance of Persons alleged by the Commission. However, the representative
also alleged the violation of Article 2 of the American Convention, in relation to Articles I and
II of the Inter-American Convention on Forced Disappearance of Persons with respect to which
Cf. Case of Cepeda Vargas v. Colombia. Preliminary Objections, Merits, Reparations and Costs. Judgment of
May 26, 2010. Series C No. 213, para. 17 and Case of Guerrero, Molina et al. v. Venezuela. Merits, Reparations and
Costs. Judgment of June 3, 2021. Series C No. 424, para. 18.
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