9
20.
The representatives indicated that “the acknowledgment of responsibility
presented by the State […] is limited on the one hand, and confusing on the other
hand.” They highlighted that said acknowledgment does not include the submission of
the investigation regarding sexual abuse against Mrs. Rosendo Cantu to the military
jurisdiction, despite the fact that the State “recognizes it was recently charged […] with
similar facts” and that “the preliminary investigation was resubmitted to the military
jurisdiction when the case was already in the hands of [the] Court,” after the notification
of the Judgment in the case of Radilla Pacheco. On the other hand, regarding the
violation of Article 5 of the Convention, the representatives indicated that it only includes
the suffering caused by the delay in the investigations, “although in this case there were
violations to the personal integrity of the victim of utmost gravity,” and they emphasized
that, it excludes “the violation of the personal integrity of the next of kin” caused by the
delay in justice. Given the abovementioned, the representatives concluded that the
international responsibility acknowledgement of the State is contradictory, and that
“instead of attempting to rectify the damage caused, and as such, the dignity of the
victim, it appears that it is directed at the Court being lenient when it declares its
Judgment.”
21.
Under the provisions of Articles 56(2) and 58 of the Rules of Procedure, in the
exercise of its powers of international judicial protection of human rights, the Court can
decide whether an acknowledgement of international responsibility made by a defendant
State offers sufficient grounds, in the terms of the American Convention, to continue
examining the merits and determining possible reparations and costs.25
22.
Given that the proceedings before this Court refer to the protection of human
rights, a matter of international public order that transcends the intentions of the
parties, the Court must ensure that acts of acquiescence are acceptable for the purposes
of the Inter-American System. In this task, the Court does not merely verify the formal
conditions, but must relate them to the nature and severity of the alleged violations, the
requirements and interest of justice, the particular circumstances of the case, and the
attitude and position of the parties,26 which are analyzed in each specific case.
23.
Regarding the facts, the Court observes that the State partially acknowledged its
international responsibility in a sufficiently clear and specific manner, in relation to the
delay in the provision of specialized medical care to Mrs. Rosendo Cantu, the lack of
specialized attention considering that she was a girl child, the delay in the investigation
of the facts of the case and the impact that said delay caused to the personal integrity of
the alleged victim. Based on those facts, Mexico acknowledged its international
responsibility for the violations of the rights to judicial guarantees and judicial protection
established in Articles 8(1) and 25 of the American Convention, as well as the right to
psychological integrity established in Article 5(1) thereof, and the rights of the child,
recognized in Article 19 of treaty at hand, to the detriment of Mrs. Rosendo Cantu.
Finally, with regard to the claims concerning reparations, based on its acknowledgement
of responsibility, the State indicated that the Court should order those measures that
were in line with international law and its jurisprudence.
24.
The Inter-American Court decides to accept the State’s acknowledgment of
responsibility and assesses it as a partial admission of the facts and partial acceptance of
the claims of law in the Commission’s application and in the brief of pleadings and
25
Cf. Myrna Mack Chang v. Guatemala. Merits, Reparations, and Costs. Judgment of November 25,
2003. Series C No. 101, para. 105; Chitay Nech et al. v. Guatemala. Preliminary Objections, Merits,
Reparations, and Costs. Judgment of May 25, 2010. Series C No. 212, para. 17, and Manuel Cepeda Vargas v.
Colombia. Preliminary Objections, Merits, Reparations and Costs. Judgment of May 26, 2010. Series C No. 213,
para. 17.
26
Cf. Kimel v. Argentina. Merits, Reparations, and Costs. Judgment of May 2, 2008. Series C No. 177,
para. 24; Case of Chitay Nech et al., supra note 17, para. 18, and Case of Manuel Cepeda Vargas v. Colombia,
supra note 25, para. 17.