12
49.
By exercising its inherent powers of international judicial protection of human rights,
the Court may determine whether the acknowledgement of international responsibility by a
respondent State provides sufficient ground, under the terms of the American Convention,
to proceed with the merits and the determination of the reparations and costs. To such
effect, the Court shall analyze each particular case.1
50.
In prior cases decided by the Court, where there have existed an acquiescence and
acknowledgement of international responsibility, the Court has held that:
[…] Article 53[2] of the Rules of Procedure refers to the case where a respondent State
communicates to the Court its admission of the facts and acquiescence to the claims of the
petitioner and so, it accepts its international responsibility for the violation of the Convention,
under the terms stated in the application; this situation would lead to an early termination of the
proceedings on the merits, as provided in Chapter V of the Rules of Procedure. The Court points
out that pursuant to the provisions of the Rules of Procedure, effective as from June 1, 2001, the
application includes the allegations on the issues of fact and of law and the petitions referred to
the merits of the case and the appropriate reparations and costs. In this sense, when a State
acquiesces to an application, it must clearly indicate whether it is only referred to the merits of
the case or if it also refers to the reparations and costs. If the acquiescence only refers to the
merits of the case, the Court shall have to evaluate whether to continue with the procedural
stage for deciding over reparations and costs.
[…] In the light of the evolution of the system of protection of human rights, nowadays, the
alleged victims or their next of kin can file their brief of petitions, arguments and evidence
separately and independently from those filed by the Commission, and they can even file claims
consistent or not with those of the Commission, consequently, in the event an acknowledgement
is submitted, it must clearly state if the claims of the alleged victims or their next of kin are also
admitted.1
i)
Acknowledgement of the State regarding the facts
51.
The Court points out that the State admitted the facts stated by the Commission in
the application (supra para. 40.) In such broad terms, and considering that the application
as the factual frame of the proceeding,2 the Court deems that the controversy over all the
facts described therein has ended.
ii)
Acknowledgement of the State regarding the issues of law
52.
The Court finds that the dispute regarding the international liability of the State for
the violation of the rights enshrined in Article 4 (Right to Life,) 5 (Right to Humane
Treatment,) and 7 (Right to Personal Liberty) of the American Convention, in relation with
Article 1(1) thereof, to the detriment of Hugo Muñoz- Sanchez; Juan Mariños-Figueroa;
Bertila Lozano-Torres; Roberto Teodoro-Espinoza; Marcelino Rosales-Cardenas; Felipe
Flores-Chipana; Luis Enrique Ortiz-Perea; Armando Amaro-Condor; Heráclides Pablo-Meza
1
Cf. Case of Vargas Areco. Judgment of September 26, 2006. Series C No. 155, para. 43; Case of Goiburú
et al. Judgment on Merits, Reparations and Costs. Judgment of September 22, 2006. Series C No. 153, para. 45;
and Case of Servellón García et al. Judgment of September 21, 2006. Series C No. 152, para 53.
Cf. Case of Goiburú et al., supra note 1, para. 47. Case of the “Mapiripán Massacre”. Judgment of
September 15, 2005. Series C No. 134, para.66; and Case of Molina-Theissen. Judgment of May 4, 2004. Series C
No. 106, paras. 41-44.
1
Cf. Case of Goiburú et al., supra note 1, para. 48; Case of the Pueblo Bello Massacre. Judgment of January
31, 2006. Series C No. 140, para. 55; and Case of the “Mapiripán Massacre”, supra note 2 para. 59. Also Cf. Case
of the Moiwana Community. Judgment of July 15, 2005. Series C No. 124 para. 91; and Case of De la Cruz-Flores.
Judgment of November 18, 2004. Series C No. 115, para. 122.
2
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents