17
79.
The Court considers that the State’s acquiescence constitutes a positive
contribution to the development of these proceedings and to the exercise of the
principles that inspire the American Convention.7 In the case sub judice, the Court
appreciates particularly the way in which the State made this acknowledgement
during the public hearing of this case; namely, apologizing to the alleged victims and
their next of kin (supra para. 64).
80.
Nevertheless, taking into account the State’s responsibility to protect human
rights and given the nature of this case, the Court considers that delivering a
judgment which determines the truth of the facts and all the elements of the merits
of the case, and the corresponding consequences, constitutes a form of reparation
for the alleged victims and their next of kin and a contribution to avoiding the
repetition of similar acts.8
81.
Also, without prejudice to the acquiescence regarding the violation of Article 4
(Right to Life) of the Convention, in relation to Article 1(1) (Obligation to Respect
Rights) thereof, to the detriment of the 19 persons executed in La Granja and El Aro
(supra para. 3), the Court considers it essential to make some observations on
certain points related to the obligations established in this article (infra paras. 126 to
138).
c)
Determination of the alleged victims in this case
82.
Article 61(1) of the Convention stipulates that:
Only the States Parties and the Commission shall have the right to submit a case to the
Court.
83.
Article 2(30) of the Rules of Procedure establishes that:
The expression “alleged victim” refers to the person whose rights under the Convention
are alleged to have been violated.
84.
Article 23(1) of the Rules of Procedure indicates that:
When the application has been admitted, the alleged victims, their next of kin or their
duly accredited representatives may submit their pleadings, motions and evidence,
autonomously, throughout the proceeding.
85.
Article 33(1) of the Rules of Procedure indicates that the brief containing the
application shall indicate:
The claims (including those relating to reparations and costs); the parties to the case; a
statement of the facts; the orders on the opening of the proceeding and the admissibility
of the petition by the Commission; the supporting evidence, indicating the facts on
which it will bear; the particulars of the witnesses and expert witnesses and the subject
of their statements; the legal arguments, and the pertinent conclusions. In addition, the
Commission shall include the name and address of the original petitioner, and also the
7
Cf. Case of Baldeón García, supra note 5, para. 55; Case of Blanco Romero et al., supra note 5,
para. 64; and Case of García Asto and Ramírez Rojas, supra note 5, para. 60.
8
Cf. Case of Baldeón García, supra note 5, para. 56; and Case of the “Mapiripán Massacre”.
Judgment of September 15, 2005. Series C No. 134, para. 69.
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