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by the examination and ruling by the Court, and are not conditioned by dispositive
acts by one of the parties.
12. The reception by the Court of concepts which have arisen in procedural law,
perfectly justified and in fact necessary, allows the determination of the reach of
concepts which conform to well-established doctrine on that subject and which
thereinafter the international courts of human rights may take advantage. This
reception helps understanding with regard to acts of international procedure, the
effects which natural flow from them, the condition of the procedural subjects
(especially the parties), the role of other participants in the proceedings, the
legitimization of the proceedings, etcetera.
13. In several opinions which I have attached to Judgments of the Court, I have
been concerned with recalling the characteristics of admissions and acquiescence,
which may have the effect –along with other elements subject to the Court’s
findings- of producing a ruling which declares the violation (the declarative part of
the comprehensive judicial ruling) and determines the legal consequences (the
punitive part of that ruling), and with these an evaluation of the international
responsibility of the State in the case sub judice.
14. I have sought to associate these reflections with the most credible procedural
doctrine. So, for example, in my opinion corresponding to the Judgment in the Case
of Bulacio v. Argentina, of September 18, 2003, I observed that two procedural
concepts coincide in an acknowledgment of responsibility, both of them with material
repercussions, bearing in mind the scope of said recognition: confession and
acquiescence. In point of fact, as stated by Alcalá-Zamora, acquiescence is “an act of
disposition, or a waiver of rights:” a renunciation of the right to legal defense.
“[C]onfession refers to factual statements and acquiescence refers to legal claims”
(Proceso, autocomposición y autodefensa (Contribución al estudio de los fines del
proceso), Universidad Nacional Autónoma de México, Instituto de Investigaciones
Jurídicas, 3d ed., Mexico, 1991, p. 96).
15. In the Case of Bueno Alves Judgment, the Court does not enter into a discussion
of international responsibility as mentioned by the State–which is, of course, a
central issue in the proceedings, and instead includes in the concept of acquiescence
both this issue and the admission. The Court analyzes each concept separately and
with the corresponding characterization and effects: the first concept, as an
admission of facts, reduces the conflict over the related evidence; the other, as an
acceptance of the claims of the opposing party under certain juridical terms, guides
the substance of the litigation.
16. In effect, it is said: a) “This Tribunal understands that the State, upon having
accepted the conclusions of the Report (of the Inter-American Commission) and upon
refraining from challenging the facts that the Commission alleged in its application,
has admitted to them. These facts constitute the factual basis of these proceedings”
(para. 26); and b) “This Court finds that the ‘acceptance’ by the State (with regard
to the conclusions contained in the Report by the Commission regarding the violation
of certain precepts of the Convention) constitutes an acquiescence to the
Commission’s claims of law” (para. 30) (emphasis supplied).
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