5
procedure with the object of determining in friendly fashion —under supervision by the Court—
the reparations applicable, the preceding in conformity with the provisions of Articles 43 and 48 of
the Rules of Procedure of the Court." The Inter-American Commission was informed about this
note by the Secretariat, and acknowledged receipt of same on January 13, 1995.
V
20.
By virtue of the preceding, the Court believes that given the recognition of responsibility by
Venezuela, the controversy, as to the facts that originated the instant case, has ceased.
Therefore, the case should proceed to the stage of the proceedings for the determination of
reparations, court costs and attorneys' fees.
21.
Exercising the powers of its contentious jurisdiction, the Court deems it appropriate that
the determination of the amount for reparations, court costs and attorneys' fees be made by
mutual agreement between the Respondent State and the Commission, taking into account the
disposition of the Government and the victims' best interests. Should an agreement not be
reached, the Court shall determine the scope of the reparations and the amount of
indemnification, court costs and attorneys' fees.
VI
Therefore,
THE COURT
unanimously,
1.
Takes note of the recognition of responsibility made by the Republic of Venezuela, and
decides that the controversy concerning the facts that originated the instant case has ceased.
2.
Decides that the Republic of Venezuela is liable for the payment of damages and to pay a
fair indemnification to the surviving victims and the next-of-kin of the dead.
3.
Decides that the reparations and the form and amount of the indemnification shall be
determined by the Republic of Venezuela and the Inter-American Commission of Human Rights,
by mutual agreement, within six months as of the notification of this judgment.
4.
Reserves the right to review and approve the agreement, and in the event an agreement is
not reached, the Court shall determine the scope of the reparations and the amount of the
indemnities, court costs and attorneys' fees, to which effect it retains the case on its docket.
Judge Cançado Trindade transmitted to the Court his concurring opinion, which shall be attached
to this judgment.