11
27.
With this in mind, the Article 41(1)(a) of the Rules of Procedure states that in
the State’s answer to the application, the State shall indicate whether it accepts the
facts and claims or whether it contradicts them. Additionally, Article 41(3) therein it
provides that the Court “may consider those facts that have not been expressly
denied and those claims that have not been expressly contested as accepted.”
28.
Although the State did not specify the facts it accepts and the violations it
recognized, but rather, even objected to some of the reparations requested, it is
clearly willing to accept the alleged facts and violations, in particular, those relating
to the three victims in this case. Thus, the State’s acknowledgment constitutes a
partial admission of the facts, as well as a partial acquiescence to the claims set forth
in the Commission’s application and in the representatives’ brief of pleadings and
motions. Therefore, although limited to those human rights violations, which
occurred during “the de [f]acto government that reigned in Uruguay between June
1973 and February 1985,” Article 41 of the Rules of Procedure is fully applicable to
this case.
29. The State’s partial acknowledgment is a positive contribution to the
developments in this proceeding, to the validity of the principles underlying the
American Convention, and to the conduct to which the States are bound pursuant to
their commitments as States Parties to international human rights instruments.12
30. On these terms, the Court considers, as in other cases,13 that this
acknowledgment generates full legal effect in accordance with the provisions in
question and that it adds important symbolic value in regard to the prevention and
reoccurrence of similar events.
31.
The facts of this case were neither contested nor challenged on the record,
and, as it shall be seen, said facts are duly proven on the record. The time limit set
forth in said acknowledgment is irrelevant to the analysis of the merits and
reparations in the present case. In addition, controversy persists regarding the
determination of the consequences of the events that have occurred since February
1985. In such a way, the Tribunal finds it necessary to deliver a Judgment
establishing the facts and determining the merits of the case, as well as the
consequences in regard to the appropriate reparations14.
B.
Alleged victims in the present case
12
Cf. Case of Trujillo Oroza V. Bolivia. Merits. Judgment of January 26, 2000. Series C No. 64,
para. 42; Case of Rosendo Cantú et al., supra note 9, para. 25, and Case of Ibsen Cárdenas and Ibsen
Peña, supra note 9, para. 37.
13
Cf. Case of Acevedo Jaramillo et al. V. Perú. Preliminary Objections, Merits, Reparations and
Costs. Judgment of February 7, 2006. Series C No. 144, paras. 176 to 180; Case of Tiu Tojín V.
Guatemala. Merits, Reparations and Costs. Judgment of November 26, 2008. Series C No. 190, para. 21,
and Case of Kimel V. Argentina, supra note 10, paras. 23 to 25. See also, Case of Manuel Cepeda Vargas,
supra note 11, para. 18.
14
Cf. Case of the Mapiripan Massacre V. Colombia. Merits, Reparations and Costs. Judgment of
September 15, 2005. Series C No. 134, para. 69; Case of Rosendo Cantú et al., supra note 9, para. 26,
and Case of Ibsen Cárdenas and Ibsen Peña, supra note 9, para. 38.