10
Court to truly examine which obligations have been complied with and the rights
breached by the State.”
27.
With regards to the reparations, the representatives indicated that it is
necessary for the Court to order the State “to comply with its international
obligations and to compensate not only for the damage caused, but to take a series
of non-pecuniary measures and guarantees of non-repetition so that this type of
violation never occurs again”, and submitted to the Court their position in relation to
the measures through which the State claims to have compensated the rights of the
alleged victims.
28.
Pursuant to Articles 56(2) and 58 of the Rules of Procedure, in the exercise of
its powers of international judicial protection of human rights, the Court may
determine whether a recognition of international responsibility by a respondent State
offers a sufficient basis, under the terms of the American Convention, to continue to
hear the merits and determine the eventual reparations and costs. To this purpose,
the Court analyzes the situation set forth in each concrete case.18
29.
Additionally, the Court notes that the evolution of the system for the
protection of human rights currently allows the alleged victims or their next of kin to
autonomously present a brief of pleadings, motions, and evidence, and to wield
claims which may coincide or not with those of the Commission. When there is an
acknowledgement, it must clearly express whether the State also accepts the claims
presented by the alleged victims and their families.19
30.
With regard to what was indicated by the Commission and the
representatives regarding the scope of the State’s recognition of responsibility (supra
para. 24 to 27), the Court notes that in the answer to the application the State
partially recognized its international responsibility for the violation of Articles 8 and
25 of the Convention, and presented some considerations on the steps performed to
comply with the investigation. Nevertheless, in the public hearing and in its brief of
final arguments the State reiterated the position stated in the answer to the
application “in the sense of acknowledging the claims of the Commission and the
representatives, with regard to declaring breached only the rights established in
Articles 8 and 25 of the [American Convention], on the grounds of the claim
presented by FAMDEGUA.”
31.
In view of the foregoing, the Court concludes that in the proceedings before
the Court the State limits its recognition of responsibility to the claims of the
Commission and the representatives regarding the alleged violation to Articles 8(1)
(Right to a Fair Trial) and 25(1) (Right to Judicial Protection) of the Convention, in
relation to Article 1(1) of that instrument, and it accepts the claims of the parties
with regards to those rights.
32.
With regard to the facts of the application concerning the alleged violation of
Articles 8(1) and 25(1) of the Convention, in relation to Article 1(1) thereof, the
Court understands that although the State did not specifically acknowledge the facts
mentioned in the application, it did acknowledge the facts that occurred as of March
9, 1987 related to the denial of justice, contained in paragraphs 137 to 282 of the
18
Cf. Case of Myrna Mack Chang v. Guatemala. Merits, Reparations, and Costs. Judgment of
November 25, 2003. Series C No. 101, para. 105; Case of Albán Cornejo et al. v. Ecuador. Merits,
Reparations, and Costs. Judgment of November 22, 2007. Series C No. 171, para. 14, and Case of Tiu
Tojín v. Guatemala, supra note 17, para. 24.
19
Cf. Case of Myrna Mack Chang, supra note 18, para. 107; Case of the Mapiripán Massacre v.
Colombia. Preliminary Objections. Judgment of March 7, 2005. Series C No. 122, para. 28, and Case of
Goiburú et al. v. Paraguay. Merits, Reparations, and Costs. Judgment of September 22, 2006. Series C No.
153, para. 47.