5
and in the structuring of its judgments, which at times may appear overabundant or
redundant. In the event of acceptance and acquiescence by the State –acceptance of
the facts and acquiescence to the claims— it might be possible to do without the
presentation of evidence of the facts, which have already been accepted, and
accounts of such facts in a judgment in which the court is no longer required to
verify the facts that constitute the violations, but merely to define their
consequences (if the parties have not reached a settlement regarding such
consequences or if such consequences cannot be the subject-matter of a settlement
agreement by the parties).
20.
However, court decisions on human rights seek to “set an example” and “be
instructive.” They contribute to the “uncovering of the truth” and “political and social
rectification.” Put differently, they are not limited to or satisfied by a brief decision on
the specific dispute –which, by the way, has already come to an end–, but seek to
instruct on the factors that breach fundamental rights, breaching practices, the
suffering of victims, the requirements of a reparation that extends beyond
compensation or monetary redress, the general knowledge of the violations
committed. In this sense, it has a more pronounced social, historical, moral, and
pedagogic nature than other expressions of public justice.
21.
To sum up, this is a sui generis form of justice that takes on the political and
moral values of a given society and goes over the relations between political power
and human beings. This is the reason why the hearings held by the Inter-American
Court and the judgments rendered by it address issues that are formally not the
subject-matter of the dispute but which nevertheless affect society as a whole and
have to do with the duties created by the system of human rights protection, of
which the Inter-American jurisdiction is a part. Fortunately, these particularities of
human rights justice have been properly understood by the parties to the
proceedings, and this allows cases to proceed subject to their distinctive features,
which might be unnecessary or even inadmissible in other jurisdictions.
ASSESSMENT OF THE SERIOUSNESS OF THE FACTS
22.
The existence of very serious violations, in a context that is specifically
injurious to the human rights of a large group of people, or of vulnerable individuals
that would require special guarantees by the State, supports the Court’s ruling on
reparations. It is here that the Court’s assessment of the significance and egregious
nature of the violations and the nature and amount, if appropriate, of the reparations
is expressed. Sometimes reference is made to the “aggravated liability” of the State
when dealing with a series of violations that are particularly reprehensible. Strictly
speaking, actually, there is no “aggravated liability” but facts that engage the State’s
international responsibility and the seriousness of which warrants more serious
consequences.
23.
I have previously stated that liability –the capacity or duty to be answerable
for certain facts, conduct, duties or guarantees— is a relationship between the holder
of a right and the facts and conduct, viewed in the light of a given legal classification
and specified legal consequences. Therefore, this is a formal concept that creates a
link between the responsible party, the conduct for which such liability applies and
the consequences flowing from the whole matter. Accordingly, liability in and of itself
is neither aggravated nor mitigated. The serious or minor nature pertains to the facts
and, therefore, influences the greater or lesser harshness of the reaction allowed by