-11pertinent legal provisions in a case, even when the parties do not explicitly invoke
them,” in the understanding that the parties will always be allowed to submit the
pleadings and evidence that they deem pertinent to support their position regarding all
the legal provisions examined.
29.
In the terms that the parties have expressed, the Court notes that there
continues to be a dispute amongst them regarding the Preliminary Objection on nonexhaustion of domestic remedies; the scope of the State’s acknowledgment of
responsibility regarding facts in the instant case not included in the acknowledgment
of responsibility made by the State; the alleged violations of Articles 1(1), 8(1) and
25 of the American Convention; the alleged violations of Articles 19 and 22 of said
convention argued by the representatives, as well as the matter of reparations and
costs.
30.
On the other hand, having made an acknowledgment of responsibility in the
instant case, the State has implicitly accepted the full competence of the Court to
hear the instant case, for which reason the second objection filed by the State has
lost its preliminary nature. Furthermore, the content of said objection is closely tied
to the merits of the instant matter, especially with regard to the alleged abridgment
of Articles 8 and 25 of the Convention. Therefore, said Preliminary Objection must be
dismissed and the Court must continue hearing the merits and reparations and costs
in the instant case.
31.
Therefore, while said recognition by the State does not interrupt the process
of receiving the testimony and expert opinions ordered, the object of the testimony
and expert opinions established in the President’s Order must be restricted as
appropriate, regarding the parts of the merits, the reparations and costs with regard
to which there continues to be a dispute amongst the parties.
VI
OPERATIVE PARAGRAPHS
32.
Now therefore,
THE COURT,
Unanimously,
DECLARES:
1.
That there is no longer a dispute regarding the Preliminary Objection on the
“inappropriate application of Articles 50 and 51 of the American Convention”.
AND DECIDES:
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