7
of the aspects regarding the alleged violations of Articles 8 and 25 of the Convention
to the detriment of Hugo Ticona (infra para. 90).
19.
In addition, the representative expressed its great pleasure as to the
acknowledgment of responsibility made by the State regarding the facts and rights
denounced before the Inter-American system for the protection of human rights,
which it repeated during the public hearing. Nevertheless, the representative
pointed out that there are still certain aspects in dispute regarding the compliance
with the recommendations made by the Inter-American Commission.
20.
Under the provisions of Articles 53(2) and 55 of the Rules of Procedure, in the
exercise of its inherent power of international legal protection of human Rights, the
Court may determine if an acknowledgment of international responsibility made by a
respondent government, offers a sufficient ground in the terms of the American
Convention, to continue or not with the determination of the merits, reparations, and
costs8.
21.
In this sense, the Court notes that the expression “whether such acquiescence
and its juridical effects are acceptable” as well as the entire text of Article 55 of the
Rules of Procedure show that these acts are not, in themselves, binding on the
Court. Since proceedings brought before the Court seek the protection of human
rights, a matter of international public order which goes beyond the will of the
parties, the Court must ensure that such acts are acceptable for the purposes sought
by the Inter-American System. In doing so, the Court must not only verify the
formal conditions of said acts, but also examine them in relation to the nature and
seriousness of the alleged violations, the requirements and interests of justice, the
specific circumstances surrounding a particular case, and the attitude and position of
the parties9.
22.
As to the facts, the Court notes that the State admitted the facts put forward
in the application by the Commission. Nevertheless, in the final arguments, the State
made it clear that the human rights violations regarding the alleged torture that
Hugo Ticona would have suffered or the facts related to that situation fall outside the
acknowledgement of international responsibility (supra para. 15). Based on the
foregoing, the Court declares that there is no more disputed facts at issue but there
8
Article 53. Discontinuance of a case.
[…]
2.
If the respondent informs the Court of its acquiescence to the claims of the party
that has brought the case as well as to the claims of the representatives of the alleged
victims, their next of kin or representatives, the Court, after hearing the opinions of the
other parties to the case, shall decide whether such acquiescence and its juridical effects are
acceptable. In that event, the Court shall determine the appropriate reparations and
indemnities.
Article 55. Continuance of a case.
The Court may, notwithstanding the existence of the conditions indicated in the preceding paragraphs,
and bearing in mind its responsibility to protect human rights, decide to continue the consideration of a
case.
9
Cfr. Case of Myrna Mack Chang v. Guatemala. Merits, reparations, and costs. Judgment of
November 25, 2003. Series C Nº 101, para. 105; Case of the Ituango Massacres v. Colombia. Preliminary
Objection, Merits, Reparations, and Costs. Judgment of July 1, 2006. Series C Nº 148, para. 58; and Case
of Kimel v. Argentina. Merits, Reparations, and Costs. Judgment of May 2, 2008. Series C Nº 177, para.
24.