6
20.
Regarding the reparations requested, the State indicated that “it is a principle of
international law that any violation of an international obligation that has caused damage,
gives rise to an obligation to repair this damage satisfactorily”; accordingly, it agreed “to
make pecuniary and non-pecuniary reparations to the individuals who, based on the
corresponding judgment, are declared to have a right to them.” The State made some
observations on establishing pecuniary damages for loss of income, but added that it “would
submit to whatever the Court orders in the corresponding judgment.”
21.
The Inter-American Commission and the representatives assessed the State’s
acknowledgement of responsibility positively. The Commission, in particular, indicated that
the State’s acknowledgement was “an act that paved the way towards reparation and
implementation of the efforts that must be made to ensure justice in this case, and to
guarantee that this type of violation is never repeated.”
22.
The representatives indicated that the immediate consequence of the State’s partial
acquiescence was that the Court “should consider that the facts that gave rise to the said
[...] violations have been accepted [...] and that [it should declare] that the dispute has
ceased in relation to the violation of these rights.” They stated that “the dispute persists
concerning the facts on which the violations of the rights to life, personal integrity and
freedom of association are based, as well as on the existence of a context of violence and
impunity that affects, in particular, defenders of the environment” in Honduras.
23.
Under Articles 53(2) and 55 of the Rules of Procedure,7 and in function of its
authority to exercise the international judicial protection of human rights, the Court may
determine whether an acknowledgement of international responsibility made by a defendant
State offers sufficient grounds, in the terms of the American Convention, to continue
examining the Merits and determining reparations and costs.8
24.
Since the proceedings before this Court relate to the protection of human rights, a
matter of international public order that goes beyond the intent of the parties, the Court
must ensure that acts of acquiescence are acceptable for the purposes of the InterAmerican system. To this end, the Court does not limit itself to merely verifying the formal
conditions of the said acts, but relates them to the nature and gravity of the alleged
violations, the requirements and interests of justice, the particular circumstances of each
case, and the attitude and position of the parties.9
7
Article 53. Discontinuance of a Case
[…]
2. 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, shall decide whether such acquiescence and
its juridical effects are acceptable. In that event, the Court shall determine the appropriate reparations and
indemnities.
Article 55. Continuation of a Case
The Court, may notwithstanding the existence of the conditions indicated in the preceding paragraphs, and
bearing in mind its responsibility to protect human rights, decide to continue the consideration of a case.
8
Cf. Case of Myrna Chang V. Guatemala. Merits, Reparations and Costs. Judgment of November 25, 2003.
Series C No. 101, para. 105; Case of Ticona-Estrada et al. V. Bolivia. Merits Reparations and Costs. Judgment of
November 27, 2008. Series C No. 191, para. 20; and Case of Valle-Jaramillo et al. V. Colombia. Merits, Reparations
and Costs. Judgment of November 27, 2008. Series C No. 192, para. 28.
9
Cf. Case of Myrna Mack-Chang. Merits, Reparations and Costs, supra note 8, 106 to 108; Case of Kimel V.
Argentina. Merits, Reparations and Costs. Judgment of May 2, 2008, Series C No. 177, para. 24, and Case of
Ticona-Estrada et al. Merits, Reparations and Costs, supra note 8, para. 21.