52
the so-called “parallel groups” in power, and also a lack of diligence in conducting the
investigations, all of which has signified that, to date, there is total impunity with
regard to the facts that occurred on July 3, 1993 (supra para. 76(23) to 76(65)). All
this has been accompanied by constant threats and intimidation of the next of kin,
witnesses and members of the judiciary.
79.
Article 53(2) of the Rules of Procedure of the Court establishes that:
If the respondent informs the Court of its acquiescence to the claims of the party that
has brought the case as well as the to claims of the representatives of the alleged
victims, his next of kin or representatives, the Court, after hearing the opinions of the
other parties to the case whether such acquiescence and its juridical effects are
acceptable. In that event, the Court shall determine the appropriate reparations and
indemnities.
80.
The order of the Court delivered on July 5, 2004, in this case, which indicated
in its considering paragraphs:
1.
That the State […] acknowledg[ed] the facts and its international responsibility
for the violation of Articles 1(1), 4(1), 5, 8(1), 13(1), 13(2)(a), 13(3), 19, 23 and 25 of
the American Convention on Human Rights in the instant case, without detriment to the
scope of this acknowledgement being embodied in the judgment that this Court [will]
deliver, in which the facts that occurred in the instant case [will] appear.
2.
That the said acknowledgement made by the State […] [would] not interrupt
the process of receiving the evidence requested with regard to reparations and costs.
Then, the Court declared:
1.
That […] the dispute concerning the facts ha[d] ceased and, consequently, the
stage on merits [was] terminated.
And finally decided:
2.
To admit the acknowledgement of international responsibility made by the
State in the terms of the first and second considering paragraphs of [the said] order.
3.
To continue holding the public hearing convened in an order of the President of
the Inter-American Court of Human Rights of May 26, 2004, and to circumscribe its
purpose to reparations and costs in the instant case.
[…]
81.
The Court deems that the facts referred to in paragraph 76 of this judgment
have been proved and, based on them and weighing the circumstances of the case,
it will proceed to specify the different violations found in the articles cited.
82.
Consequently, the Court considers that the State incurred international
responsibility for the violation of the rights embodied in the following articles of the
American Convention, in relation to Article 1(1) (Obligation to Respect Rights)
thereof:
a)
4(1) (Right to Life), to the detriment of Jorge Carpio Nicolle, Juan
Vicente Villacorta Fajardo, Alejandro Ávila Guzmán and Rigoberto Rivas
González;
b)
5(1) (Right to Humane Treatment), to the detriment of Sydney Shaw
Díaz, Martha Arrivillaga de Carpio, Mario Arturo López Arrivillaga, Sydney
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