8
IV
PARTIAL ACKNOWLEDGEMENT OF RESPONSIBILITY
A. Partial acknowledgment of responsibility by the State and observations by the
Commission and the representatives.
15.
The Court will examine the State's partial acknowledgment of international
responsibility in the following sections: a) regarding Noel Emiro Omeara Carrascal; b)
regarding Manuel Guillermo Omeara Miraval; c) regarding Héctor Álvarez Sánchez, and d)
regarding the Omeara Miraval, Omeara Álvarez and Álvarez Solano families.
A.1. Regarding Noel Emiro Omeara Carrascal
16.
In relation to the attack on and subsequent death of Noel Emiro Omeara Carrascal, the
State partially acknowledged its international responsibility in the following terms:
a)
by action, for the violation of the rights to life (Article 4) and humane treatment
(Article 5) of the American Convention, in relation to 1(1) of the Convention; for the
actions of state agents in conjunction with illegal armed groups that acted jointly in the
attack and subsequent death of Noel Emiro Omeara Carrascal, and
b)
by omission, for the violation of the rights to a fair trial (Article 8) and judicial
protection (Article 25) of the American Convention, in relation to 1(1) of the
Convention, to the detriment of the next of kin of Noel Emiro Omeara Carrascal; by
omission by failing to comply with the duty of due diligence in the investigation of the
attack against Mr. Omeara Carrascal, as it was delayed in incorporating this fact, on
July 31, 1998, into the investigation of the homicide of José Erminso Sepúlveda
Saravia, which it initiated on January 31, 1994.
17.
The representatives indicated that the acknowledgment of responsibility made by the
State includes “without misunderstanding the violation of the right to life (Article 4) and to
humane treatement (Article 5), due to the actions carried out jointly by state agents and
paramilitaries groups in the crime of January 28, 1994”. In other words, the State did not
assume “things in their real dimension and true name: only calling the structure that
participated in the crime an illegal armed group when speaking of a paramilitary group, ‘Los
Prada’.” In addition, it does not contain all the facts outlined in the factual framework of the
Merits Report. Regarding a fair trial and judicial protection, the recognition does not cover the
lack of coordination between the three criminal proceedings and the absence of fundamental
investigative procedures. They requested that the acknowledgment be dismissed.
18.
The Commission stated that the acknowledgment of responsibility does not cover facts
relating to the breach of the duty to prevent, that is, the State's failure to adopt adequate
measures to address the situation of risk in which José Erminso Sepúlveda Saravia found
himself, despite having full knowledge of it and having a direct causal link with the attack that
occurred on January 28, 1994 and the international responsibility of the State for these events.
Nor does it cover the lack of duty to investigate the facts with due diligence, nor the lack of
connection between the investigations.
A.2. Regarding Manuel Guillermo Omeara Miraval
19. In relation to the forced disappearance and subsequent execution of Manuel Guillermo
Omeara Miraval, the State partially acknowledged its international responsibility, in the
following terms: