14.
Deliberation of the case. The Court began the deliberation of the judgment on
October 10, 2019.
III
JURTISDICTION
15.
The Inter-American Court has jurisdiction to hear this case, pursuant to Article 62(3)
of the American Convention, as Guatemala has been a State Party to the American Convention
since May 25, 1978 and recognized the contentious jurisdiction of the Court on March 9, 1987.
IV
PARTIAL ACKNOWLEDGEMENT OF RESPONSIBILITY
16.
The Court will examine, according to the State’s partial acknowledgment of
international responsibility, the following: (A) the alleged omission of the duty to investigate
acts of torture, and (B) the need to amend article 201 bis of the Criminal Code of the Republic
of Guatemala (hereinafter “Criminal Code”) that defines the crime of torture.
17.
Previously, the Court recalls that in accordance with Articles 62 and 64 of the Rules of
Procedure, and in the exercise of its powers of international judicial protection of human rights
as a matter of international public order, it is incumbent on this Court to ensure that acts of
acknowledgment of responsibility are acceptable for the aims pursued by the inter-American
system. This task is not limited to verifying, registering or taking note of the acknowledgment
made or its formal conditions, but must confront them with the nature and seriousness of the
alleged violations, the demands and interests of justice, the particular circumstances of the
case in question, and the attitude and position of the parties,9 in such a way that it can specify,
as far as possible and in the exercise of its jurisdiction, the judicial truth of the events. 10 The
Court warns that the recognition of single, specific facts and violations may have effects and
consequences in the analysis that this Court makes of the other alleged facts and violations,
to the extent that they all form part of the same set of circumstances.11
18.
This Court considers that the partial acknowledgment of
international responsibility constitutes a positive contribution to the development of this
process and to the validity of the principles that inspire the Convention, 12 as well as to the
victims’ need for reparation.13
A. Partial acknowledgment of responsibility by the State regarding the alleged
omission of the duty to investigate acts of torture
9
Cf. Case of Kimel v. Argentina. Merits, Reparations and Costs. Judgment of May 2, 2008. Series C No. 177, para.
24, and Case of Órdenes Guerra et al. v. Chile. Merits, Reparations and Costs. Judgment of November 29, 2018. Series C
No. 372, para. 25.
10
Cf. Case of Manuel Cepeda Vargas v. Colombia. Preliminary Objections, Merits, Reparations and Costs. Judgment
of May 26, 2010. Series C No. 213, para. 17, and Case of Omeara Carrascal et al. v. Colombia. Merits, Reparations and
Costs. Judgment of November 21, 2018. Series C No. 368, para. 28.
11
Cf. Case of Rodríguez Vera et al. (The Disappeared from the Palace of Justice) v. Colombia. Preliminary Objections, Merits,
Reparations and Costs. Judgment of November 14, 2014. Series C No. 287, para. 27, and Case of Women victims of sexual
torture in Atenco v. Mexico. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 28, 2018. Series
C No. 371, para. 40.
12
Cf. Case of Benavides Cevallos v. Ecuador. Merits, Reparations and Costs. Judgment of June 19, 1998. Series C
No. 38, para. 57, and Case of Órdenes Guerra et al. v. Chile, supra, para. 25.
13
Cf. Case of Manuel Cepeda Vargas v. Colombia, supra, para. 18, and Case of Órdenes Guerra et al. v. Chile, supra,
para. 25.
7