agreement and the State’s acknowledgment of responsibility,” took place for this case. (infra
para. 10).
8.
Brief of the Common Intervener. On November 19, 2013, the representatives’ Common
Intervener presented “several observations on two points of the friendly settlement agreement.”8
9.
Observations of the Commission. On November 20, 2013, the Commission presented its
observations on the “friendly settlement agreement and the State’s acknowledgment of
responsibility” in this case.
III
FRIENDLY SETTLEMENT AGREEMENT AND ACKNOWLEDGMENT
OF THE STATE’S RESPONSIBILITY
A) Friendly settlement agreement and acknowledgment of the State’s responsibility
10. On November 18, 2013, the parties met in San Jose, Costa Rica, for the purpose of formally
signing the “Friendly settlement agreement and acknowledgment of the State’s Responsibility.”9
This act took place at the Court in the presence of the President of the Court, one of the victims,
Mr. Santiago Sánchez Silvestre, and representatives of the victims and the State.10 The parties
submitted this agreement to the Court and requested that it issue a ruling approving the
agreement, defining its provisions and supervising its compliance.11
11.
The aforementioned agreement provides for a “friendly settlement” of the dispute in this
case, agreed to by the parties and “based on the acknowledgment (of international
responsibility)” on the part of the State.12 In the agreement the parties expressed “their
willingness to reach a friendly settlement in the Case of Juan García Cruz and Santiago Sánchez
Silvestre, as stipulated [in the agreement…], omitting the public hearing.”
12.
In said agreement the State expressed “its full and absolute commitment to the
application, respect, promotion and protection of human rights.” In section V of the agreement,
entitled “Legal Basis of the Acknowledgment of Responsibility by the State of Mexico,” Mexico
acknowledged its international responsibility in this case with respect to the facts and their legal
consequences in the following terms:
8
Specifically, the representatives referred to: i) the importance of “the joint request [included in the friendly
settlement agreement and acknowledgment of responsibility] for the Court to develop standards regarding the
evidentiary value of confessions and procedural immediacy;” and ii) the need to safeguard the confidentiality of the
victims’ names” in the processing of this case (infra paras. 27 and 28). They also submitted a “clarification on the error in
the birth date of Juan García Cruz.”
9
Cf. “Friendly Settlement Agreement and the State’s Acknowledgment of Responsibility in the Case of Juan García
Cruz and Santiago Sánchez Silvestre”, signed on November 18, 2013, in San Jose, Costa Rica.
10
The following individuals attended the signing of the friendly settlement agreement and the State’s
acknowledgment of responsibility: a) victim Santiago Sánchez Silvestre and the representatives: María del Pilar Noriega
García from SLIEJ; Marcia Aguiluz, Carlos K. Zazueta and Daniela Araya from CEJIL; and b) for the State: Lía Limón
García, Assistant Secretary for Legal Affairs and Human Rights of the Interior Ministry; Armando Gonzalo Álvarez Reina,
Ambassador of Mexico in Costa Rica; Alejandro Alday González, Director General of Human Rights and Democracy at the
Foreign Ministry; Alejandra Negrete Morayta, Deputy Director General of Public Policies of the National Human Rights
Program of the Foreign Relations Ministry; and Rafael Barceló Durazo, Political Affairs and Human Rights Officer of the
Embassy of Mexico in Costa Rica.
11
Friendly settlement agreement and the State’s acknowledgment of responsibility, supra note 9, paragraph “VII.
Statements” “of the parties” second clause.
12
Friendly settlement agreement and the State’s acknowledgment of responsibility, supra note 9, paragraph “II.
Purpose.”
5