13
methods and time limits for complying with the reparations. There is no document in
the case file before the Court that establishes the existence of specific restrictions to
the agent signing the said agreement. In this regard, the representative indicated
that they had reached an agreement “convinced that they were dealing with an
agent validly appointed by the State to represent it” (supra para. 34).
56.
Furthermore, having established that domestic reasons and practices do not
justify the international actions of a State, it is important to indicate that, on this
occasion, the State has taken two positions; namely: (a) presentation of the
agreement on the methods and time limits for compliance and, (b) the subsequent
contestation of this agreement for reasons of domestic order and practice. The Court
considers that a State which has taken a specific position, which produces legal
effects, cannot subsequently assume another conduct contrary to the former, based
on the principle of estoppel.5
57.
In view of the foregoing, the Court does not accept the contestation of the
said agreement filed by Peru, because, in the instant case, it would affect the legal
certainty of the alleged victim and his next of kin, who, through their
representatives, pursuant to Article 57(2) of the Rules of Procedure, entered into an
agreement on the methods and time limits for complying with the reparations in
good faith with the State agent appointed to the case at that time.
58.
In conclusion, the Court considers that, pursuant to the acquiescence
submitted by Peru, the agreement on the methods and time limits for complying with
the reparations reached by the parties produced legal effects in the instant case from
the moment it was presented to the Court (supra para. 28). Nevertheless, the Court
must examine this agreement to decide whether all its points can be endorsed.6
59.
According to Articles 53(2) and 57(2) of the Rules of Procedure, the Court
must decide whether the acquiescence is admissible and also on the legal effects
(infra paras. 62 to 84) of the acquiescent and of the agreement on the methods and
time limits for complying with the reparations reached by the parties (supra para.
28). To this end, it must verify whether they are compatible with the Convention and
also whether the payment of fair compensation to the next of kin of the alleged
victims is guaranteed and whether the different consequences of the human rights
violations committed in this case are repaired.
VI
PROVEN FACTS
60.
Since the State has signified its acquiescence in this case, the Court considers
that the facts described in the application filed by the Commission have been
established; nothing in the case file before the Court contradicts the facts. They were
5
Cf. Case of Neira Alegría et al.. Preliminary objections. Judgment of December 11, 1991. Series C
No. 13, para. 29.
6
Cf. Case of Durand and Ugarte. Reparations (Art. 63(1) American Convention on Human Rights).
Judgment of December 3, 2001, Series C No. 89, para. 23; and Case of Barrios Altos. Reparations (Art.
63(1) American Convention on Human Rights). Judgment of November 30, 2001. Series C No. 87, para.
23.
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