17
52.
The Inter-American Court, in exercising its contentious function, applies and
interprets the American Convention and, when a case has already been submitted to
its jurisdiction, it is empowered to declare the international responsibility of a State
Party to the Convention for violation of its provisions.11
53.
The Tribunal, in the use of its jurisdictional functions of international
protection of human rights, may determine if an acknowledgment of international
responsibility made by a respondent State offers sufficient foundation, in the terms
of the American Convention, to continue or not with the examination of the merits
and the determination of the possible reparations and costs. For these effects, the
Court will analyze the situation presented in each specific case.12
54.
In the respondent’s plea the State indicated that
it does not contest the facts exposed in paragraphs 27 through 106 of the application […
of] the Inter-American Commission […], nor does it contest the arguments regarding
these same facts presented by [… the] representatives, [… since] the same are duly
substantiated and proven. Therefore, the State […] accepts the commission of acts by
individuals that, despite having resulted in the violations argued by the […] Commission
and […] [the representatives] in what refers to the [alleged] victims and their next of
kin, it rejects that the same have occurred within the context of a systematic violation of
human rights tolerated by the State.
[…]
[…T]he State […] assents to the parts of the application that relate to those regretful
facts, accepting the measures of reparation proposed by the applicants and promising to
comply in the least time possible to what that […] Court decides to order in this sense.
The State […] DOES NOT assent to the parts included in the arguments of the […]
Commission […] and […the] representatives that mention the existence of a context of
alleged systematic violation of human rights tolerated and consented by it.
55.
When referring to the acknowledgment of responsibility, the State, inter alia:
a)
acknowledged, in reference to the violation of Article 7 of the
Convention, that: i) Marco Antonio Servellón García, Rony Alexis Betancourth
Vásquez, Orlando Álvarez Ríos, and Diomedes Obed García Sánchez were
detained without an arrest warrant, and none of them was surprised in
fraganti in the commission of a crime, reason for which in the arrest with
excessive violence and without a justified reason Articles 7(2) and 7(3) of the
Convention were violated; ii) it did not inform the parents of the minors
Servellón García and Betancourth Vásquez about their arrest, despite there
was a special obligation to do so, nor did it inform the next of kin of Orlando
Álvarez Ríos and Diomedes Obed García Sánchez, in violation of Article 7(4)
of the Convention; iii) the alleged victims were not released despite the fact
that the Police Judge issued a decision that stated it, being detained in a
clandestine manner, since they appeared in the list of persons released on
September 16, 1995, and that said Judge did not make sure that the
mentioned decision was made effective, in violation of Article 7(5) of the
Convention; iv) the minors Servellón García and Betancourth Vásquez were
11
Cfr. Case of Ximenes Lopes, supra note 3, para. 61; Case of the Ituango Massacres, supra note 3,
para. 57; and Case of Baldeón García, supra note 3, para. 37.
12
Cfr. Case of Montero Aranguren et al. Judgment of July 5, 2006. Series C No. 150, para. 39; Case
of Ximenes Lopes, supra note 3, para. 62; and Case f the Ituango Massacres, supra note 3, para. 58.