It also expressed its satisfaction regarding the parties’ joint request that the Court rule on the
points of law requested (supra para. 15), and “endorsed the request” given the “impact this
ruling could have on the Inter-American public order.”
C) Considerations of the Court
17.
In accordance with Article 63 (Friendly Settlement) of the Court’s Rules of Procedure,14 the
Court shall decide on the provisions and legal effects of the Friendly Settlement Agreement
agreed to by the parties and the acknowledgment of international responsibility made by the
State.
18.
The Court has confirmed that this agreement envisages a settlement of the dispute
between the parties in this case in relation to the facts, the violation of human rights and the
determination of reparations. Furthermore, it includes an acknowledgment of the international
responsibility by the State with respect to all the facts and human rights violations declared by
the Commission in its Merits Report, including those that occurred prior to Mexico’s acceptance of
the Court’s contentious jurisdiction. The Court considers that, given the manner in which the
State acknowledged its responsibility for the violations declared by the Inter-American
Commission (supra para. 12), the State also understands the legal considerations which led the
Commission to conclude that these violations were committed to the detriment of the victims in
this case.
19.
The Court highlights the willingness of the victims, their representatives and the State to
reach a settlement to the dispute in this case and particularly emphasizes the procedural
stage at which the settlement was reached. This case differs from others in that the friendly
settlement reached by the parties and the State’s acknowledgment of international responsibility
occurred an early stage of the proceedings before this Court, prior to the deadline set for the
State to present its response, in which it asked the Court to dispense with the proposed public
hearing.15 This allows the Court to arrive at a Judgment on the merits, reparations and costs
much sooner than if the case had entailed an international proceeding to obtain justice and
reparations for the victims in this case. Thus, the dispute in this proceeding ended without the
need to hold a public hearing, or to receive expert evidence, testimony or statements from the
victims, and without the need to conduct the final written procedure.
20.
Furthermore, the Court stresses the significance of the State’s acknowledgment of
responsibility, given that it accepted all the facts presented in the Commission’s Report on Merits,
including those prior to the State’s acceptance of the Court’s contentious jurisdiction, as well as
the legal claims contained in the Report with respect to the violations of the victims’ human
rights.
21.
Based on the foregoing, and in accordance with the terms under which the agreement
between the parties was signed and the State’s acknowledgment of international responsibility in
the case, the Court considers that the dispute over the facts has concluded, together with the
arguments concerning the violations “of the following rights contained in the [American
Convention]: personal liberty (Article 7), humane treatment (Article 5), right to a fair trial and
judicial protection (Articles 8 and 25), all in relation to the general obligation to respect rights
14
Article 63 provides that “When the Commission; the victims or alleged victims, or their representatives; the
respondent State; or, if applicable, the petitioning State in a case before the Court inform it of the existence of a friendly
settlement, compromise, or any other occurrence likely to lead to a settlement of the dispute, the Court shall rule upon its
admissibility and juridical effects at the appropriate procedural time.”
15
In the proceedings before the Court, no documentary evidence, victims’ statements or expert reports were
received, nor did the Court or its President request evidence or explanations to clarify the case.
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