17
100. Furthermore, the Commission finds that, in light of the fact that seven of the 15 alleged victims were
children at the time of the events, the facts alleged in the petition could also establish possible violations of Article
19 of the American Convention. Pursuant to the rules on interpretation of human rights set forth in the American
8
Convention, as well as the criteria established by the Inter-American Court of Human Rights with respect to the
9
tendency to integrate the regional and universal systems for the protection of human rights, and as regards the
10
notion of corpus juris for the protection of the child, the Commission will interpret the scope and content of the
rights allegedly violated to the detriment of the seven children in the light of the provisions contained in the U.N.
Convention on the Rights of the Child.
101. Furthermore, in view of the factual evidence set out in the instant petition and pursuant to the
principle of iura novit curia, the Commission must assess the possible responsibility of the State for an alleged
violation of Article 17 of the Convention, taken in conjunction with Article 1(1) thereof, in view of the fact that the
disappeared persons belonged to two families.
102. The Commission concludes that it is competent to examine the complaint lodged by the petitioners
and that the petition is admissible under the rules set forth in Articles 46 and 47 of the American Convention.
V.
ANALYSIS ON MERITS
103.
The Commission notes that during the processing of the case the State initially denied the facts
and subsequently recognized that “[t]he acts perpetrated in the community of Santa Barbara constitute a violation
of the rights to freedom, life and physical integrity recognized in the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights, the American Convention on Human Rights, the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the American Convention
to Prevent and Punish Torture, which instruments were in force at the time that the deeds were committed.” The
Commission understands that the State recognizes its responsibility for the violation of Articles 4, 5 and 7 of the
American Convention, and the other instruments above mentioned. The Commission values that the State had
accepted its international responsibility related to these aspects of the case, and gives full recognition to this
recognition.
104.
The Commission observes that the State refers to the recognition of responsibility within the
previous scope and in general terms regarding 14 of the 15 victims. The State has not referred lately to that
recognition, it has not specified to what facts it applies, and it has not accepted responsibility related to the claims
presented under Articles 8 and 25 of the American Convention.
105.
The Commission also notes the differences between the positions of the parties regarding the
scope of this recognition of responsibility and ability to establish the truth of what happened, to assist the
administration of justice and seek redress for damages. Based on these differences the Commission considers
necessary to record the facts of this case, as they arise from the file before the Commission and the Final Report of
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American Convention, Article 29, Restrictions Regarding Interpretation. No provision of this Convention shall be
interpreted as: […] b. restricting the enjoyment or exercise of any right or freedom recognized by virtue of the laws of any State
Party or by virtue of another convention to which one of the said States is a party […].
9
I/A Court H.R., “Other Treaties” Subject to the Consultative Jurisdiction of the Court (Art. 64 of the American
Convention on Human Rights). Advisory Opinion OC-1/82 of September 24, 1982. Series A, No. 1, par. 41.
10
I/A Court H.R., The “Street Children” Case (Villagrán Morales et al.). Judgment of November 19, 1999. Series C, No.
63, par. 194. Case of the “Juvenile Reeducation Institute”. Judgment of September 2, 2004. Series C, No. 112, par. 148; Case of
the Gómez Paquiyauri Brothers. Judgment of July 8, 2004. Series C, No. 110, par. 166. I/A Court H.R., Juridical Condition and
Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series A, No. 17, pars. 24, 37, 53.