7
whereabouts of the remains were [made] known [and] and the forced disappearance of the
victim concluded […].”
28. On the other hand, the State expressly indicated in its answer to the application that
"it d[id] not acquiesce to the Commission’s application and [to] the brief containing
pleadings[,] motions, and evidence of the next of kin regarding the request for reparations
presented.” It stated that “there is no controversy as to the beneficiaries;” however, it
brought to the Tribunal's attention "its objection to the extremely elevated [requests] of
the [representatives].” On this latter point, it requested the Court “to consider the will and
disposition of the State with respect to the measures of reparations that it has been
implementing,” referred to in the answer to the application, during the public hearing, and
in its final arguments (supra paras. 5, 8, and 10).
29. In addition, it should be noted that during the processing of the instant case, and in
the answer to the application in particular, the State did not refer to the arguments of the
representatives regarding the violation of Article 24 (Right to Equal Protection) of the
American Convention to the detriment of the next of kin of Messrs. Rainer Ibsen Cárdenas
and José Luis Ibsen Peña. The violation of this right was not alleged by the Commission in
the application.
30. The Inter-American Commission stated that it valued the act of acknowledgment of
international responsibility made by the Bolivian State on December 10, 2008, during the
processing of the instant case before that body, an act repeated in the answer to the
application and at the public hearing, as it "constitute[d] a positive contribution to the
development of the proceedings and to the observance of the principles that inspire the
American Convention.” It considered that “this is a full acknowledgment of the violations of
the American Convention on Human Rights and the Inter-American Convention on Forced
Disappearance of Persons alleged by the Commission in its application[. Thus,] it
underst[ood] that the controversy as to those violations h[ad] ceased.” The Commission
requested that the Tribunal “accepts the State’s acquiescence and, as a result, to declare
the international responsibility of the Bolivian State [and] includes in the corresponding
judgment a detailed narrative of the facts, given their effectiveness in repairing and their
contribution to establishing the truth.”
31. The Commission also noted that the “issue raised by the State regarding the date on
which the forced disappearance of Rainer Ibsen Cárdenas concluded is a question of fact
that the Court must determine in its judgment; however, it has no effect on the
acknowledgment of responsibility for the violations alleged, nor does it imply in any way a
repudiation of the Court’s jurisdiction to rule on all of the facts of the present case.”
32. The representatives supported the arguments of the Inter-American Commission in
the application and at the public hearing. They noted, however, that “the State[,] far from
assuming a clear willingness to acknowledge its international commitments, [has instead]
been assuming [all] kinds of contradictory positions.” Furthermore, they indicated that “an
apology was offered [to the alleged victims at the public hearing], but afterwards, [the
latter were] accused of having [committed] an immoral act for having presented a request
for reparations.”
33. In accordance with Articles 56(2) and 58 of the Rules of Procedure, and in exercise of
its powers of international legal protection of human rights, the Court may determine
whether an acknowledgment of international responsibility made by a respondent State
offers sufficient grounds, under the American Convention, for continuing with the
adjudication of the merits of the case and, if applicable, awarding reparations, costs, and