16
the instant case. Therefore, the Court decided to continue holding the public hearing
that had been summoned (supra paras. 37 and 38). Specifically, the Court found
that
there continue[d] to be a dispute among [the parties] regarding [the] scope of the
acknowledgment of responsibility by the State regarding the facts that took place in the
instant case that were not included in the acknowledgment of responsibility by the
State; the alleged violations of Articles 1(1), 8(1) and 25 of the American Convention;
the alleged violations of Articles 19 and 22 of said treaty alleged by the representatives,
as well as regarding reparations and costs6.
68.
Subsequently, despite the terms in which said acknowledgment was issued, in
its final oral pleadings and briefs the State made a number of statements regarding
the responsibility of the State for the facts of the instant case, to the effect that it
should not be found responsible for acts that are not directly attributable to Agents
of the State, which could call into question the true nature of its partial
acknowledgment of responsibility. In view of this, based on the authority reflected in
Article 55 of its Rules of Procedure, the Court will establish the scope and juridical
effects of said acknowledgment, after clarifying the content of State responsibility in
the framework of the American Convention. For this reason, the Court deems it
pertinent to open a chapter on the facts of the instant case, encompassing both the
facts acknowledged by the State in its acquiescence and those proven by the set of
items in the file.
69.
Likewise, given the nature of the instant case, the Court deems that issuing a
judgment that establishes the truth of the facts and all the points regarding the
merits of the matter, as well as the respective consequences, constitutes a form of
reparation for the victims of the Mapiripán Massacre and their next of kin and, in
turn, a way of avoiding recidivism of similar events.
VII
EVIDENCE
70.
Before examining the evidence tendered, in this chapter the Court will refer to
several general considerations, in light of the provisions of Articles 44 and 45 of the
Rules of Procedure, that are applicable to the specific case, most of which have been
developed in the jurisprudence of the Court itself.
71.
The principle
parties to defense,
Procedure takes this
must be tendered for
of adversarial proceedings, which respects the right of the
applies to evidentiary matters. Article 44 of the Rules of
principle into account, as regards the moment when evidence
there to be equality among the parties.7
72.
According to the practice of the Court, at the start of each procedural stage
the parties must state what evidence they will offer, on the first opportunity given to
them to make a written statement. Furthermore, exercising the discretionary
6
See Case of the “Mapiripán Massacre”. Preliminary Objections and Acknowledgment of
Responsibility, supra note 1, para. 29.
7
See Case of Acosta Calderón. Judgment of June 24, 2005. Series C No. 129, para. 40; Case of
Yatama. Judgment of June 23, 2005. Series C No. 127, para. 106, and Case of Fermín Ramírez. Judgment
of June 20, 2005. Series C No. 126, para. 43.
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