reached by the parties and of the acknowledgment of international responsibility made
by the State therein.
19.
The agreement includes as victims all the persons indicated as such in the Merits
Report(supra para. 1), except for one: William Huacón (supra para. 10). The Court
therefore deems it necessary to first conduct a general review of the agreement, and
second, without prejudice to this review, also conduct a specific evaluation with respect
Therefore, this Court will hereinafter issue: (a) general
to William Huacón.
considerations on the agreement reached and (b) considerations on William Huacón.
C.1 General considerations on the friendly settlement agreement
20.
The Court has found that the agreement provides a solution to the dispute in this
case with respect to the facts, the human rights violations, the victims, and the
determination of measures of reparation and the persons benefiting from them. It also
includes an acknowledgment of the State's international responsibility with respect to all
the facts and human rights violations identified by the Inter-American Commission in
the Merits Report. It is the Court’s understanding that, due to how the State worded its
acknowledgment of responsibility for the violations declared by the Inter-American
Commission(supra para. 1), it also includes the legal grounds based on which the
Commission concluded that the violations occurred.
21.
The Court highlights the willingness of the victims, their representatives, and the
State to reach a settlement to the dispute in this case. It also highlights the procedural
moment at which they did so. This case differs from others in that the talks between the
parties that resulted in the friendly settlement agreement and the State’s full
acknowledgment of international responsibility took place at an early stage of the
litigation before this Court, before the State’s deadline to submit its answering brief had
expired. This enables the Court to resolve the dispute more quickly than if the
international process had been pursued to its conclusion, while at the same time making
it possible to secure justice and reparations for the victims. Thus, the dispute was settled
without need for a public hearing; to receive testimony from experts and testimony or
statements from the victims; and without the final written procedure stage being carried
out. 10
22.
The Court also highlights the importance of the State’s acknowledgment of
responsibility, since it recognized all the facts presented by the Commission in its Merits
Report, as well as the legal claims contained therein with respect to the violations of the
victims' human rights. This Court finds that the State’s acknowledgment of responsibility
makes a positive contribution to this process and the effectiveness of the principles that
inspire the American Convention. 11
23.
In view of the foregoing, in accordance with the terms of the agreement signed
by the parties and the wording of the acknowledgment of international responsibility in
to lead to a settlement of the dispute, the Court shall rule upon its admissibility and juridical effects at the
appropriate procedural time.”
Cf. In the same sense, Case of García Cruz and Sánchez Silvestre v. Mexico. Merits, Reparations, and
Costs. Judgment of November 26, 2013. Series C No. 273, para. 19, and Case of the Miskito Divers (Lemoth
Morris et al.) v. Honduras. Judgment of August 31, 2021. Series C No. 432, para. 23.
10
Cf. Case of the Caracazo v. Venezuela. Merits. Judgment of November 11, 1999. Series C No. 58,
para. 43 and Case of Deras Garcia et al. v. Honduras. Merits, Reparations, and Costs. Judgment of August 25,
2022. Series C No. 462, para. 26.
11
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