13
Consequently, the Commission considers that the Government of Venezuela has
acquiesced to all parts of the application and, accordingly, requests this Court to declare
it so.
41. Based on the statements of the parties during the public hearing of November
10, 1999, and in view of Venezuela’s acknowledgement of the facts and
responsibility, the Court considers that the dispute between the State and the
Commission has ceased in regard to the facts that originated the instant case (Cfr.
Benavides Cevallos case, Judgment of June 19, 1998. Series C No. 38, para. 42;
Garrido y Baigorria case, Judgment of February 2, 1996. Series C No. 26, para. 27;
El Amparo case, Judgment of January 18, 1995. Series C No. 19, para. 20 and
Aloeboetoe et al case, Judgment of December 4, 1991. Series C No. 11, para. 23).
42.
Consequently, the Court considers that the facts referred to in paragraph 2 of
this judgment have been proved. The Court also concludes that, as the State has
expressly acknowledged, it has incurred in international responsibility for violations
of the rights protected by Articles 4.1 (Right to Life), 5 (Right to Humane
Treatment), 7 (Right to Personal Liberty), 8.1 (Right to a Fair Trial), 25.1 and 25.2.a.
(Right to Judicial Protection) and 27.3 (Suspension of Guarantees), in accordance
with Articles 1.1 (Obligation to Respect Rights) and Article 2 (Domestic Legal Effects)
of the American Convention, to the detriment of the persons cited in paragraph 1 of
this judgment, under the terms established in this judgment.
43.
The Court acknowledges Venezuela’s acquiescence as a positive contribution
to this proceeding and to the effectiveness of the principles that inspire the American
Convention on Human Rights.
44.
In view of Venezuela’s acknowledgement of responsibility, it is in order to
begin the phase of reparations and costs (Cfr. Aloeboetoe et al case, supra 41, para.
23; El Amparo case, supra 41, para. 21 and Garrido y Baigorria case, supra 41, para.
30), when the Court will examine the Commission’s claims corresponding to that
phase.
VII
Therefore,
THE COURT,
DECIDES:
unanimously,
1.
To take note of the acknowledgement by the State of Venezuela of the facts
mentioned in the application and declare that the dispute about these has ceased.
2.
To take note, also, of the acknowledgement of responsibility by the State of
Venezuela and, in accordance with the terms of this acknowledgement, declare that
the State violated the rights protected by Articles 4.1, 5, 7, 8.1, 25.1, 25.2.a., and
27.3, in relation to Articles 1.1 and 2 of the American Convention on Human Rights,
of the persons cited in paragraph 1 of this judgment, and in the terms established
herein.