8
form part of the State’s acquiescence.
30.
Based on the foregoing, the Court will proceed to determine who should be
considered victims of the violation of the rights embodied in Articles 8 and 25 of the
Convention, in conjunction with Articles 1(1) and 2 thereof, and, to this end, will examine
the evidence presented in relation to the alleged relationships (infra para. 119).
31.
The above notwithstanding, the Court notes that the acknowledgement of State
responsibility (supra paras. 17 to 20) is based on facts established in the application, is
consequent with the preservation of the right embodied in Articles 8(1) (Right to a Fair
Trial) and 25(1) (Right to Judicial Protection) of the American Convention, as well as the
general obligation to respect and guarantee rights established therein, and does not restrict
the fair reparations to which the alleged victims would have a right, but rather defers to the
decision that the Court will make. Consequently, the Court decides to accept the
acknowledgement made by the State and classify it as an admission of the facts and a
partial acquiescence to the legal claims contained in the Commission’s application, and an
admission of the arguments made by the representatives.
32.
The Court considers that the attitude of the State makes a positive contribution to
the development of these proceedings, to the exercise of the inter-American jurisdiction on
human rights, to the implementation of the principles that inspire the American Convention,
and to the conduct that States are obliged to adopt in this regard,13 owing to the
commitments they assume as parties to international human rights instruments.
*
**
33.
Moreover, the Court notes that, with regard to the facts, the dispute subsists
concerning whether this case reflects the situation of those who work for the defense of the
environment in Honduras (supra para. 19). The Court also considers that the dispute
subsists concerning the facts described in the application concerning the supposed
participation of State agents in planning and covering-up the murder of Mrs. KawasFernández.
34.
Regarding the legal claims, the Court finds that the dispute between the parties
subsists concerning the alleged violation of Articles 4 (Right to Life) and 16 (Freedom of
Association) of the Convention, in relation to Article 1(1) thereof, to the detriment of Mrs.
Kawas-Fernández; the alleged violation of Article 5 (Right to Humane Treatment) of the
Convention to the detriment of “the next of kin” of Mrs. Kawas-Fernández, and
determination of reparations.
*
**
35.
In consideration of the above, the Court finds that, notwithstanding the
admission of facts and the acknowledgement regarding the various claims by the
there is still the need to determine the nature and scope of the violations alleged
instant case. Therefore, in view of the powers entrusted upon it to protect human
13
partial
State,
in the
rights,
Cf. Case of Benavides-Cevallos V. Ecuador. Merits, Reparations and Costs. Judgment of June 19, 1998.
Series C No. 38, para. 57; Case of Ticona-Estrada et al. Merits, Reparations and Costs, supra note 8, para. 26; and
Case of Valle-Jaramillo et al. Merits, Reparations and Costs, supra note 8, para. 46.