government, which does not seem to be a convincing argument in regards to their
fear in proportion to the actual risk invoked.
VI
DEFENSELESSNESS OF THE STATE: INADMISSABILITY OF ITS
ACKNOWLEDGEMENT OF RESPONSIBILITY
VI.1. The State’s hollow defense
153. The foregoing considerations regarding the event, although they deviate from
the highly respectable opinion of the majority of the Court, in any case, at least make
it clear that there are considerable weighty arguments that could have been put
forward by the State in these proceedings. For example, the very clear legality of the
code of criminal law in force at the time of the event, the extraordinary institutional
significance of the act of anarchic violence to which the journalist was referring in his
article, the absence of persecution or harassment by the authorities, the rare incident
of the kidnapping of the leader of the executive and the public interest in institutional
continuity.
154. None of this could have been overlooked by the State when considering the
case, because they are arguments that could never escape the most elementary
attention of any lawyer or attorney, no matter how inexperienced or novice they
might be. However, the State did not try any of them before the Court.
155. However, everything indicates that the defenselessness of the State is not due
to negligence or legal malpractice, but to clear intentionality. Proof that the State has
not been bereft of adequate advice and its actions exhibited very good legal
technique, is the skill with which it handles the not at all random partiality of its
acknowledgment of responsibility. It separated with a fine scalpel the matter it
rejects, limited exclusively to the very high sums claimed by the alleged victims due
to unproven property damage, the broad acknowledgment of the responsibility for
their claims all in detriment of the (real or ontic) convicted person, that is, the leader
of the main opposition party in the fierce political polarization of the country.
156. I again stress that it is not possible to ignore that the acknowledgment of
responsibility did not even take place during the current administration, but rather
during the mandate of the president who was empowered in the aforementioned
manner based on the disputed popular referendum and whose actions directed
against his opposition produced the particular institutional context to which reference
was made, under such conditions that his complaints are now declared admissible in
the Inter-American Commission and are processed in the UN.
157. In the context of the extremely harsh internal political confrontation, it is
clearly obvious that the formal sentencing of the State and the real or ontic
sentencing of the political leader of the main opposition party, is perfectly effective
for the ruling political sphere. In particular for the previous president empowered by
the referendum, to the extent that they will be able to broadcast the condemnation
widely, showing themselves to be zealous defenders of Human Rights, supposedly
unknown by an opposition that they will paint as inclined to be authoritarian,
dictatorial and as persecuting critical journalism.
158. The acknowledgment of the responsibility of the State in these circumstances
and with the singular limitations indicated in its intelligent partiality, is nothing more
than a formal and not material defense, totally empty of content that might defend.
It is carried out by the same administration of the president who had caused the
displacement of judges, which resulted in the conviction of his vice president, whom
he keeps detained until this very day, and the opposition leader himself, on whom
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