peoples, this guarantee of possession is a fundamental part of the right to collective
ownership. Nevertheless, the representatives considered that the State [had]
acknowledged the fact that it had failed to free the land of encumbrances as required
in order to ensure the peaceful possession of the territory recognized to [the
community].”
B. Considerations of the Court
43.
According to Articles 62 and 64 of the Rules of Procedure, and in the exercise of
its powers for the international protection of human rights, a matter that transcends
the intentions of the parties, 23 the Court must ensure that acts of acquiescence are
acceptable for the purposes of the inter-American system for the protection of human
rights. In this task, it is not restricted to merely confirming, recording or taking note of
the acknowledgement made by the State, or to verifying the formal conditions of such
acts, but it must also relate them to the nature and severity of the violations that have
been alleged, the demands and interests of justice, the particular circumstances of the
specific case, and the attitude and position of the parties, in order to clarify, insofar as
possible and in the exercise of its jurisdiction, the truth of what happened. 24 Thus, an
acknowledgement cannot limit, either directly or indirectly, the exercise of the Court’s
authority to hear the case that has been submitted to it, and to decide whether there
has been a violation of a right or freedom protected by the Convention. 25
44.
As to the acknowledgment of facts, the Court notes that, in its answering brief,
the State asserted that it had granted two full property titles to the Punta Piedra
Garifuna community: the first for an area of 800.64 hectares and the second for an
area of 1,513.54 hectares. However, it acknowledged that it had failed to free the land
granted to the community of encumbrances, because the inhabitants of the village of
Rio Miel possessed part of it. However, the State was inconsistent in its references to
the area of territory that was occupied by third parties because, first, it indicated that
600 hectares were occupied and then that only 3.48 hectares were occupied (supra
paras. 36 and 38).
45.
In this regard, the Court finds that this acknowledgment of facts produces full
legal effects pursuant to Articles 62 and 64 of the Court’s Rules of Procedure. However,
although the conflict involving these facts has been partially resolved, as well as the
failure to free the land of encumbrances, considering that the State has rejected the
other facts of the case, the Court finds it pertinent to make a comprehensive and
detailed determination of those facts, bearing in mind those that have been
acknowledged, because this will contribute to making reparation to the victims and to
preventing the repetition of similar facts. 26
46.
Regarding the possible acknowledgment of the violation of rights, the State
accepted that “it fail[ed] to guarantee [the] peaceful possession [of the community’s
territory] by freeing the land of encumbrances” (supra para. 37) and that “when
Cf. Case of Huilca Tecse v. Peru. Merits, reparations and costs. Judgment of March 3, 2005. Series C
No. 121, para. 42, and Case of Gonzales Lluy et al., supra, para. 49.
24
Cf. Case of Kimel v. Argentina. Merits, reparations and costs. Judgment of May 2, 2008. Series C
No. 177, para. 24, and Case of Gonzales Lluy et al., supra, para. 49.
25
Cf. Case of Myrna Mack Chang v. Guatemala. Merits, reparations and costs. Judgment of November
25, 2003. Series C No. 101, para. 105, and Case of Gonzales Lluy et al., supra, para. 49.
26
Cf. Case of Myma Mack Chang, supra, para. 116 and Case of Rodriguez Vera et al. (Disappeared
from the Palace of Justice) v. Colombia. Preliminary objections, merits, reparations and costs. Judgment of
November 14, 2014. Series C No. 287, para. 33.
23
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