accepted the duty to implement measures of reparation related to the dismissal
procedure.
B.4 Assessment of the State’s acknowledgment
38.
As indicated previously, the State’s acquiescence is partial (supra para. 24) and
constitutes a positive contribution to the development of this process and to the
reaffirmation of the principles that inspire the Convention, as well as to the victims’
need for reparation.14 Nevertheless, it also produces legal effects in the terms indicated.
The Court will specify the scope of such effects in its substantive examination of the
alleged violations of rights. As long as a dispute persists on these matters, the Court
must issue a judgment in which it determines the facts that occurred, according to the
evidence gathered during the proceedings before this Court and the acceptance of those
facts, as well as their legal consequences. Furthermore, it will rule on the corresponding
reparations. However, this Court does not consider it necessary, on this occasion, to
open a discussion on all the points that were the subject of litigation, since some of the
legal claims alleged were acknowledged by the State.
VI
EVIDENCE
A.
Admission of the documentary evidence
39.
The Court received the documents submitted as evidence by the Commission
and the State together with their main briefs (supra paras. 4 and 8). In the instant
case, as in others, this Court admits those documents presented in a timely manner by
the State and the Commission or requested as helpful evidence by its Presidency, 15
which have neither been disputed nor challenged, and whose authenticity has not been
questioned.16 Because they are useful and public, the Court also incorporates two
documents on domestic regulations, pursuant to Article 58(a) of the Rules. 17
40.
For his part, the representative presented a series of documents (15 sets of
documents) together with a statement rendered by affidavit. The State questioned the
submission of these documents, considering that they pertain to the merits of the case
and the claims for reparation. The Court recalls that evidence submitted outside of the
proper procedural opportunities is not admissible, except in the exceptions established
Cf. Case of Benavides Cevallos v. Ecuador. Merits, reparations and costs. Judgment of June 19,
1998. Series C No. 38, para. 57, and Case of Spoltore v. Argentina, Preliminary objection, merits, reparations
and costs. Judgment of June 9, 2020. Series C No. 404, para. 44.
15
The following documents were included as helpful evidence: 1) Order to initiate an investigation
issued on June 15, 1994, by the military criminal judge of the First Naval Zone, which ordered legal summary
proceedings, as well as the official notification of the accused or their representatives; 2) Prosecutor’s opinion
of July 16, 1996 with the respective notifications for the accused or their representatives; 3) Statements of
ER and of RG rendered in the military criminal proceedings, and 4) Military Criminal Code, Code of Military
Criminal Procedure and the Ordinary Code of Criminal Procedure in force at the time of the facts (evidence
file, folios 4823 to 5008). The “brief of August 11, 1994, presented by the accused in which they appear at
the proceeding and appoint a defense attorney” is also included; this was presented by the State together
with the documentation containing helpful evidence (evidence file, folios 4829 to 4830). In addition, it is
made clear that in this judgment, persons are mentioned with initials, or through references to positions they
held, who are not known to have been involved in the processing of the case at the international level, before
the Inter-American Commission or the Inter-American Court.
16
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4,
para. 140, and Case of Vicky Hernández et al. v. Honduras. Merits, reparations and costs. Judgment of March
26, 2021. Series C No. 422, para. 16.
17
Namely: the Armed Forces Personnel Law and the Social Security Law of the Armed Forces of
Ecuador.
14
11