8
42.
The Inter-American Court, exercising its contentious jurisdiction, applies and
interprets the American Convention, and when a case is submitted to its jurisdiction,
the Court has the power and authority to determine the international responsibility of
a State Party to the Convention for any violations to the provisions of the same,3
provided said State has accepted the contentious jurisdiction of the Court.
43.
The Court, exercising its powers of international judicial protection of human
rights, may determine whether an acknowledgment of international responsibility
made by a State provides sufficient ground, under the terms of the American
Convention, to proceed with the consideration of the merits of the case and the
determination of possible reparations. To that effect, the Court must analyze the
particular circumstances of each case.4
44.
The State filed its answer to the application and requested that the “State’s
unconditional acquiescence in the [amended] application filed by the Commission be
deemed duly submitted” (supra para. 20). Later, the State filed a clarification on the
scope of its acknowledgment of liability regarding the claims brought by the
representatives in the brief of requests and arguments, which had not been raised by
the Commission in the application. The State indicated that, “[t]he State of Paraguay
undertakes to comply with the decisions of the [...] Court as regards to the claims of
the representatives of the victims, to their fullest extent” (supra para. 21).
45.
The Commission and the representatives filed their comments on the scope of
the State’s acknowledgment of liability (supra para. 22). Both the Commission and
the representatives indicated in their respective briefs that the State’s
acknowledgment did not cover the claims brought by the representatives, which
differ from the claims raised in the application filed by the Commission, in relation to
the alleged violation of Articles 19 (Rights of the Child) and 5(1) (Right to Personal
Integrity) of said treaty in relation to Article 1(1) of said treaty and Articles 6 and 8
of the Inter-American Convention to Prevent and Punish Torture.
46.
At the public hearing held on March 30, 2006 (supra para. 30), the State
restated its acquiescence in the application filed by the Commission and also asked
for “forgiveness” to the Vargas-Areco family in their mother tongue (Guarani). The
State requested Sebastián Vargas-Areco, the only member of the Vargas-Areco
family present at the public hearing, “to communicate to his mother the request for
forgiveness made by the State, which not only understands the situation and asks
for forgiveness but also undertakes to accept any reparations deemed necessary.”5
Furthermore, at the public hearing, the State indicated that “the filing of a simple
and straightforward acknowledgment of liability had deleted any controversy as to
the merits of the case, particularly regarding the events.” Moreover, the State
mentioned that “the alleged violations of the rights set forth in Articles 19 and 5(1)
of the American Convention[, and Articles] 6 and 8 [of the Inter-American
Cf. Case of Ximenes-Lopes. Judgment of July 4, 2006. Series C No. 149, para. 61; Case of the
Ituango Massacres. Judgment of July 1, 2006. Series C No. 148, para. 57; and Case of Baldeón-García,
Judgment of April 6, 2006. Series C No. 147, para. 37.
3
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia). Judgment of July 5, 2006.
Series C No. 150, para. 39; Case of Ximenes-Lopes, supra note 3, para. 62; and Case of the Ituango
Massacres, supra note 3, para. 58.
4
Transcription of the public hearing held on the Case of Vargas-Areco on March 30, 2006, in the
City of Brasilia, Brazil.
5