10
38. In this respect, the Inter-American Commission expressed its
satisfaction for the formal declaration acknowledging responsibility
made by the State.
39.
Article 52(2) of the Rules of Procedures stipulates that
[i]f the respondent informs the Court of its acquiescence in the claims of the party that
has brought the case, the Court shall decide, after hearing the opinions of the latter and
the representatives of the victims or their next of kin, whether such acquiescence and its
juridical effects are acceptable. In that event, the Court shall determine the appropriate
reparations and indemnities.
40.
Based on the statements of the parties during the public hearing on January
25, 2000, and, on the acceptance of the facts and the acknowledgement of
responsibility by Bolivia, the Court considers that the dispute between the State and
the Commission with regard to the facts that originated the instant case has ceased
(Cf. Caracazo Case. Judgment of November 11, 1999. Series C No. 58, para. 41;
Benavides Cevallos Case. Judgment of June 19, 1998. Series C No. 38, para. 42;
Garrido and Baigorria Case. Judgment of February 2, 1996. Series C No. 26, para.
27; El Amparo Case. Judgment of January 18, 1995. Series C No. 19, para. 20 and
Aloeboetoe et al Case. Judgment of December 4, 1991. Series C No. 11, para. 23).
41.
Consequently, the Court considers that the facts referred to in paragraph 2 of
this judgment have been acknowledged. The Court also considers that, as the State
expressly acknowledged, it incurred international responsibility for violating the
rights protected by Articles 3 (Right to Juridical Personality), 4 (Right to Life), 5.1
and 5.2 (Right to Humane Treatment), 7 (Right to Personal Liberty), 8.1 (Right to a
Fair Trial) and 25 (Right to Judicial Protection), in relation with Article 1.1 (Obligation
to Respect Rights) of the Convention, to the detriment of the persons mentioned in
paragraph 1 of this judgment, and as set forth in that paragraph.
42.
The Court recognizes that Bolivia’s acquiescence is a positive contribution to
this proceeding and to the exercise of the principles that inspire the American
Convention on Human Rights.
43.
In view of Bolivia’s acknowledgement of responsibility, it is in order to
proceed to the reparations stage (Cr. Caracazo Case, supra 40, para. 44; Aloeboetoe
et al Case, supra 40, para. 23; El Amparo Case, supra 40, para. 21 and Garrido and
Baigorria Case, supra 40, para. 30), during which the Court will examine the
petitions of the victim’s next of kin or their representatives and of the Commission,
and also the observations of the State relating to this stage.
VII
Therefore,
THE COURT,
DECIDES:
unanimously,