12
ACQUIESCENCE
37.
In the public hearing of November 10, 1999, Venezuela acknowledged the
facts described by the Commission in Section III of the application, which are
summarized in paragraph 2 of this judgment.
Venezuela also accepted the legal consequences that derive from the facts
mentioned (supra, paragraph 2) and fully acknowledged its international
responsibility in the instant case.
During this hearing, the State presented 79 documents with information relating to
the case.
38.
Article 52.2 of the Rules of Procedure provides that
[i]f the respondent informs the Court of its acquiescence in the claims of the party that
has brought the case, the Court shall decide, after hearing the opinions of the latter and
the representatives of the victims or their next of kin, whether such acquiescence and its
juridical effects are acceptable. In that event, the Court shall determine the appropriate
reparations and indemnities.
39.
During the public hearing, the State’s Agent declared
[...] that the State of Venezuela failed to comply with the American Convention as
regards the protection of human rights and, as the Supreme Court [of Justice of
Venezuela] itself has stated, there was an abnormal delay and an unjustifiable denial of
justice in determining the circumstances, the facts, the persons who died and those
responsible.
[... that] it offer[ed] to deliver to the Court the judgments of the Supreme Court which
clearly illustrated the State’s willingness to comply with the Commission’s
recommendations in the report that it had issued in this case and, to this end, to make
all the reparations that not only international legislation but also the Convention and
domestic legislation [require]. To this end, the Supreme Court has taken over the
hearing of all the cases, both those that are before the ordinary criminal jurisdiction and
those that are before military justice. It has separated the files according to the name
of the victims and has been pronouncing a series of decisions ordering the reinitiation of
all activities aimed at clarifying the facts and punishing the guilty parties. Moreover, the
Supreme Court has gone further and has ordered the Judiciary Council and the Ministry
of Defense to open the necessary proceedings to establish the responsibility of the
judges and prosecutors of the Office of the Attorney-General, who are responsible for
the abnormal delay mentioned by the Supreme Court of Justice.
[...] that as a consequence of its non-compliance with the Convention, [the] State
acknowledges the right of the victims’ next of kin to receive fair compensation for the
damages caused and, in consequence, it only [...] remains to request the Court to open
the proceeding and order [...] reparations and compensation in accordance with its own
jurisprudence, and in each case, according to the responsibility that the State shall
determine.
Lastly, it added that “[t]he State has decided not to contest the facts and,
accordingly, acknowledges their consequences, which are reparation and
compensation”.
40.
Accordingly, the Delegate of the Inter-American Commission stated that, in
the Commission’s opinion, the State’s declarations
are the acknowledgement of the facts and the claim that the Commission has set forth
in the application [...] and the acknowledgement of the State’s responsibility.