9
5 (Right to Humane Treatment) and Article 7 (Right to Personal Liberty) of the
Convention, in detriment of Bernabé Baldeón-García, and also as to the facts that
have occurred since September 1990 “until the commencement of the transition to
democracy” in November 2000, that were alleged by the Commission and the
representatives as violations to Article 8 (Right to a Fair Trial) and Article 25 (Judicial
Protection) of the same, in detriment of the next of kin of Bernabé Baldeón-García,
all of them with respect to Article 1(1) (Obligation to Respect Rights) of such
Convention, “due to the delay in the administration of justice.” The said facts are
considered proven under paragraphs 72(1) through 72(19), 72(21), 72(25) through
72(29) and 72(38) through 72(44) of this Judgment.
ii.
Acknowledgment by the State as to claims regarding questions of law
46.
The Court considers it convenient to allow the acknowledgment of
international responsibility made by the State for the violation of the rights protected
by the following provisions: Article 4 (Right to Life); Article 5 (Right to Humane
Treatment) and Article 7 (Right to Personal Liberty) of the American Convention, as
regards Article 1(1) (Obligation to Respect Rights) of the same, in detriment of
Bernabé Baldeón-García.
47.
Likewise, this Court admits the acknowledgment of international responsibility
made by the State as regards the alleged violation of Article 8(1) (Right to a Fair
Trial) of the American Convention, in relation to Article 1(1) (Obligation to Respect
Rights) of the same, in detriment of Guadalupe Yllaconza-Ramirez de Baldeón;
Crispín, Fidela, Roberto, Segundina, Miguelita, Perseveranda, Vicente and Sabina,
Baldeón-Yllaconza, for the events that had occurred since September 1990 “until the
commencement of the transition to democracy” in November 2000.
iii
Acknowledgment by the State as to claims regarding reparations
48.
This Court considers that the State has not expressly acknowledged any of
the claims regarding reparations and legal costs alleged by the Commission and the
representatives.
b)
49.
Scope of the subsisting controversy
Article 38(2) of the Rules of Procedure provides as follows:
In its answer, the respondent must state whether it accepts the facts and claims or
whether it contradicts them, and the Court may consider accepted those facts that have
not been expressly denied and the claims that have not been expressly contested.
50.
The State did not expressly answer the claims about the alleged violations of
Article 5 (Right to Humane Treatment) and Article 25 (Judicial Protection) of the
American Convention, in detriment of the next of kin of Bernabé Baldeón-García, and
“reserved the right to address” those allegations (supra paras. 20 and 44). Likewise,
the State did not answer the claim made by the representatives (supra para. 19)
concerning the alleged violation of Article 2 of the Convention against Torture, in
detriment of Bernabé Baldeón-García.