13
4)
THE GOVERNMENT, THE COMMISSION AND THE REPRESENTATIVE OF THE
FAMILY ask the Honorable Inter-American Court of Human Rights to hold the hearing on
March 6, 2003 for the parties to submit their arguments and for the Honorable Court to
establish the corresponding reparations, pursuant to acknowledgment of international
responsibility by the Republic of Argentina in point 1 of the [...] agreement.
33.
Regarding the explanatory document on the friendly settlement agreement,
delegate Goldman, with the consent of the State and of the representatives of the
next of kin of the alleged victim, read it at the first public hearing. Said document
sets forth:
The representatives of the State of Argentina, the delegates of the Inter-American
Commission on Human Rights and the representatives of the victims appear before the
Honorable Inter-American Court of Human Rights to clarify the extent of clause one of
the friendly settlement agreement dated February 26, 2003.
In this regard, the State acknowledges its international responsibility for violation of
Articles 2, 7, 5, 19, 4, 8 and 25 of the American Convention, and therefore recognizes
that it is willing to make full reparations.
The State recognizes that the arrest was illegal. This was so because it applied
provisions that were later declared unconstitutional such as memorandum 40, which was
contrary to international standards, and also because domestic provisions were breached
that establish the obligation of police officials to notify the parents, and to inform the
minors of the cause of their arrest, and for a Judge to intervene forthwith. As a
consequence of the above, subparagraphs 1, 2, 3, 4 and 5 of Article 7 of the Convention
were breached.
The State acknowledges responsibility for violation of the right to life and to humane
treatment, under the terms of the agreement, due to inappropriate exercise of its duty
of custody.
Based on the international responsibility for violations of Articles 4, 5 and 7, the State
acknowledges responsibility for violation of Article 19, for not adopting protection
measures required by status as a minor.
The State acknowledges violation of Articles 8 and 25. This is because, based on the
specific circumstances of the case, international standards regarding reasonable terms
have been surpassed and international standards regarding effective remedies have not
been met.
Considerations of the Court
34.
Article 52 of the Rules of Procedure of the Inter-American Court of Human
Rights sets forth that:
[…]
IF THE RESPONDENT INFORMS THE COURT OF ITS ACQUIESCENCE TO THE CLAIMS OF THE PARTY THAT HAS BROUGHT THE
CASE, THE COURT, AFTER HEARING THE OPINIONS OF THE OTHER PARTIES TO THE CASE WILL DECIDE WHETHER
SUCH ACQUIESCENCE AND ITS JURIDICAL EFFECTS ARE ACCEPTABLE. IN THAT EVENT, THE COURT SHALL
DETERMINE THE APPROPRIATE REPARATIONS AND INDEMNITIES.
35.
Article 53 of the Rules of Procedure provides that:
[W]HEN THE PARTIES TO A CASE BEFORE THE COURT INFORM IT OF THE EXISTENCE OF A FRIENDLY SETTLEMENT,
COMPROMISE, OR ANY OTHER OCCURRENCE LIKELY TO LEAD TO A SETTLEMENT OF THE DISPUTE, THE COURT MAY
IN THAT CASE AND AFTER HEARING THE REPRESENTATIVES OF THE VICTIMS OR THEIR NEXT OF KIN, DECIDE TO
DISCONTINUE THE HEARING AND STRIKE THE CASE FROM ITS LIST.