81
(supra paragraphs 131, 132, 133 and 135), the Court is dismissing the
representatives’ allegation and finds that the State did not violate the right to a
presumption of innocence protected under Article 8(2) of the American Convention,
in combination with Article 1(1).
XII
ARTICLE 50
(THE COMMISSION’S REPORT)
Pleadings of the Commission
179.
The Commission did not claim violation of this article.
Pleadings of the alleged victims’ representatives
180. The representatives of the alleged victims argued the following with regard to
Article 50 of the Convention:
a)
The State did not comply with the recommendations made by the
Inter-American Commission on Human Rights in the report it prepared under
Article 50 of the American Convention, which constitutes per se
noncompliance with its international obligations. Moreover, Costa Rica also
informed the Commission that it would not take the measures the
Commission recommended because “the Executive Branch cannot interfere in
decisions taken by the Legislative or Judicial Branch;”
b)
the State’s international responsibility can be compromised by any
State organ; because domestic remedies must be exhausted before the
international protection that the inter-American system for the protection of
human rights offers can be sought, it is not strange that the violation of those
rights should ultimately emanate from the judicial branch;
c)
the existence of legislative bills hardly constitutes compliance with the
Commission’s Article 50 recommendations; and
d)
consequently, by not adopting measures to comply with those
recommendations and by having advised the Commission that it would not
take the measures under domestic law, the State also violated Article 50 of
the Convention.
Pleadings of the State.
181.
With regard to Article 50 of the Convention, the State asserted that:
a)
the right to “believe” that its laws are compatible with the principles of
the Convention and the jurisprudence of the Inter-American Court, and hence
not to comply with a report that it considers wrong, does not constitute a
violation of the Convention; and
b)
once the Commission submits the case to the Court, there can be no
violation of the Convention for failure to comply with the recommendations
made in the Commission’s report.
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