9
rights12. Without prejudice to the effects of the partial acquiescence made by the
State, the Court considers it is necessary to analyze the facts of the instant case and
made some clarifications regarding the way in which the committed violations were
set forth in the context and circumstances of the case, as well as certain aspects
related to the obligations established in the American Convention and other
international treaties; to such end, this Tribunal shall open the corresponding
chapters.
IV
COMPETENCE
28.
The Court has jurisdiction over this case, under the terms of Articles 62(3)
and 63(1) of the American Convention, given the fact that Bolivia has been a State
Party to the Convention since July 19, 1979 and has accepted the binding jurisdiction
of the Court on July 27, 1993. The State ratified the Inter-American Convention on
Forced Disappearance of Persons on May 5, 1999, which entered into force on June
5, 1999.
29.
This Tribunal has considered in previous cases that it has jurisdiction ratione
temporis to examine actions and omissions associated with on-going or lasting
violations if such actions begin prior to the date of recognition of the jurisdiction of
the Court and persist even after that date, without transgressing the principle of
non-retroactivity13.
30.
Furthermore, even though the State recognized the contentious jurisdiction of
the Court on July 27, 1993, taking into account that the State expressly
acknowledged the events that occurred as from July 22, 1980, the Tribunal considers
that Bolivia has waived its right to claim any temporary limitation to the exercise of
the Court’s jurisdiction and, therefore, it has recognized the Court’s contentious
jurisdiction so that such Tribunal may examine all the facts and decide on the
resulting violations, if any, in the case at hand.
V
EVIDENCE
31.
Based on the provisions of Articles 44 and 45 of the Rules of Procedure, as
well as on the Court’s case-law regarding evidence and the assessment thereof14, the
Court shall examine and assess the documentary evidence forwarded by the
Commission, the representative and the State at the different procedural stages or
12
Cf. Case of the Mapiripán Massacre v. Colombia. Merits, reparations, and costs. Judgment of
September 15, 2005. Series C Nº 134, para. 69; Case of Albán Cornejo et al. v. Ecuador, supra note 10,
para. 25; and Case of Kimel v. Argentina, supra note 9, para. 28.
13
Cf. Case of Blake v. Guatemala. Preliminary Objections. Judgment of July 2, 1996. Series C Nº.
27, para 39 and 40; Case of Nogueira de Carvalho et al. v. Brazil. Preliminary Objections and Merits.
Judgment of November 28, 2006. Series C Nº 161 para. 45; and Case of Heliodoro Portugal v. Panamá.
Preliminary Objections, Merits, reparations, and costs. Judgment of August 12, 2008. Series C Nº 186,
para. 25.
14
Cf. Case of Baena Ricardo et al. v. Panamá. Merits, reparations, and costs. Judgment of February
2, 2001. Series C Nº 72, para. 68; Case of Yvon Neptune v. Haití. Merits, reparations, and costs.
Judgment of May 6, 2008. Series C Nº 180 para. 22; and Case of Heliodoro Portugal v. Panamá, supra
note 13, para 64.