2
6.
In view of the above, in the specific case of Bolivia the Court can only hear
and decide on facts occurred after July 27, 1993, which is –as stated before (para.
3)- the date on which the State accepted the jurisdiction of the Court, having
previously –in 1979- adhered to the American Convention.
If the competence
of the Court has that time restriction, it is also applicable to its capacity to assign
juridical consequences, by way of reparations, to facts in violation of the Convention.
Said consequences will refer specifically to facts in violation –a term that includes, as
stated above (para. 2), both acts and situations that breach the Convention- covered
by the competence of the Court, and not the consequences of those that are not
covered by said competence, even if their nature is the same as that of facts that fall
under that competence.
7.
It is the duty of the Court to determine its own competence in the cases
brought before it, as subject matter for a specific ruling. This consideration is in
accordance with the principle of legal certainty and it is the logical and juridical basis
for exercise of jurisdiction. To this end, it must abide by norms that are applicable to
this matter, independently of the arguments of the parties or the omissions or
silence in which they may incur, if that is the case. Stated otherwise, this is an issue
that the Court must examine of its own accord and rule –favorably- before hearing
and rendering judgment in a contentious case. Each of its acts must be set within the
framework of the competence of the Court, which is thus projected on the
proceedings as a whole and on each and all rulings during the proceedings.
8.
In the instant case, a judgment has been reached regarding violation of the
right to personal liberty of José Carlos Trujillo Oroza, among other violations. The
respective denial of liberty began on February 2, 1972 and has continued without
interruption since then. Commencement of the illicit conduct therefore took place
long before Bolivia adhered to the American Convention and accepted the
contentious jurisdiction of the Inter-American Court (supra, 2), and long before the
State became a party –as of 1999- of the Inter-American Convention on Forced
Disappearance of Persons.
9.
In the course of the merits stage in these proceedings under international
jurisdiction, the State “recognized the facts set forth by the Commission in section
III of its application, which are summarized in paragraph 2 of the instant judgment.
Likewise, the State recognized its international responsibility in the instant case and
accepted the juridical consequences derived from the aforementioned facts”
(Judgment on the merits, para. 36). This explicit recognition, which amounts to
acquiescence, encompasses the facts stated in the application; by this means, the
State recognizes the existence of conduct in breach of the Convention, that involves
responsibility and generates consequences set forth in the Convention itself. On the
other hand, said recognition does not involve any juridical act beyond recognition of
the facts, nor does it constitute in and of itself a modification of the general terms
under which the State adhered to the Convention or accepted jurisdiction of the
Inter-American Court.
10.
In the event now before the Court, the violation of the right to personal
liberty takes place by means of a fact (an activity, supra 2, c) that continues without
interruption and corresponds, in criminal terms, to the category of a continuous or
permanent crime (supra, para. 2). The violation continues to exist, also
uninterruptedly, as long as the deprivation of liberty persists.