14 2. That the State has acknowledged the facts and its international responsibility for the violation of Articles 1(1), 2, 4(1), 5(1), 5(2), 7, 8, 17, 19 and 25 of the American Convention on Human Rights and for failure to comply with the international obligation established in Articles I and II of the Inter-American Convention on Forced Disappearance of Persons in the instant case. 3. That this acknowledgement by the State […] does not interrupt the procedure of receiving the evidence requested in relation to reparations and costs. And decided: 1. To consider that the preliminary objections filed by the State have been withdrawn. 2. To admit the acknowledgement of international responsibility made by the State, in the terms of the second considering paragraph of the [...] Order. 3. That the dispute regarding the facts has ceased and, consequently, the merits stage has concluded. 4. To continue holding the public hearing convened in an order of the President of the Inter-American Court of Human Rights of March 1, 2004, and to restrict its purpose to the reparations and costs in this case. […] 43. Consequently, in accordance with the State’s acknowledgement, the Court considers that the facts referred to in paragraph 40 of this judgment have been established, and also that, as the State has also acknowledged, it incurred international responsibility for violation of the rights embodied in Articles 4.1 (Right to Life), 5(1) and 5(2) (Right to Humane Treatment), 7 (Right to Personal Liberty), 8 (Right to a Fair Trial), 17 (Rights of the Family), 19 (Rights of the Child) and 25 (Judicial Protection) of the American Convention on Human Rights, and for failing to comply with the obligations established in Articles 1(1) (Obligation to Respect Rights) and 2 (Domestic Legal Effects) thereof, to the detriment of Marco Antonio Molina Theissen; in addition, Guatemala failed to comply with the obligation established in Articles I and II of the Inter-American Convention on Forced Disappearance of Persons to the detriment of Marco Antonio Molina Theissen. 44. The Court also considers that, in accordance with the facts that have been established (supra para. 40), the State is responsible for violation of the rights embodied in Articles 5(1) and 5(2) (Right to Humane Treatment), 8 (Right to a Fair Trial), 17 (Rights of the Family) and 25 (Judicial Protection) of the American Convention on Human Rights, and for failing to comply with the obligations established in Articles 1(1) (Obligation to Respect Rights) and 2 (Domestic Legal Effects) thereof, to the detriment of the following next of kin of Marco Antonio Molina Theissen: Emma Theissen Alvarez vda. de Molina (mother), Carlos Augusto Molina Palma (deceased father), Emma Guadalupe, Ana Lucrecia and María Eugenia Molina Theissen (sisters). 45. In accordance with its Order of April 26, 2004, the Court will, in due course, rule on the scope and amount of the reparations and costs. 46. The Court considers that the State’s acknowledgement of international responsibility makes a positive contribution to the course of this process and to the effectiveness of the principles that inspire the American Convention on Human Rights.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents