21
and those that result proven from the totality of elements that appear in the case
file.
2)
Regarding the legal claims
64.
In attention to the acknowledgment of responsibility made by the State
(supra paras. 16, 54, 55, and 60), the Court considers as established the facts
referred to in paragraphs 79(1) and 79(60) of this Judgment and, based on them
and weighing in the circumstances of the case, proceeds to precise the different
violations found against the articles claimed.
65.
The Court considers that it its convenient to admit the acknowledgment of
international responsibility made by the State for the alleged violation of the rights
enshrined in Articles 4(1) (Right to Life); 5(1) and 5(2) (Right to Humane
Treatment); 7(1), 7(2), 7(3), 7(4), 7(5), and 7(6) (Right to Personal Liberty), 8(1)
and 8(2) (Right to a Fair Trial), and 25(1) (Right to Judicial Protection) of the
American Convention, in detriment of Marco Antonio Servellón García, Rony Alexis
Betancourth Vásquez, Diomedes Obed García Sánchez, and Orlando Álvarez Ríos, as
well as the violation of Articles 5(5) (Right to Humane Treatment), 7(5) (Right to
Personal Liberty), and 19 (Rights of the Child) of the Convention, in detriment of the
minors Marco Antonio Servellón García and Rony Alexis Betancourth Vásquez.
@66. Likewise, this Tribunal admits the acknowledgment of international
responsibility made by the State in relation to the alleged violation of the rights
enshrined in Articles 8 (Right to a Fair Trial) and 25 (Right to Judicial Protection) of
the American Convention, in detriment of the next of kin of Marco Antonio Servellón
García, Rony Alexis Betancourth Vásquez, Orlando Álvarez Ríos, and Diomedes Obed
García Sánchez.
67.
However, the Court points out that the State did not refer in its assent to the
alleged violation of Article 5 of the Convention, in detriment of the next of kin of the
alleged victims.
3)
Regarding the reparations
68.
In the respondent’s plea the State indicated that “it assent[ed] to the parts of
the petition related to those regretful facts, accepting the measures of reparation
proposed by the petitioners and promising to comply faithfully in the least time
possible with what [the…] Court decides to order in this sense […].” However, at the
same time the State made considerations regarding the implementation of some of
the measures requested by the Commission and the representatives, by stating, for
example, that “the Public Prosecutors’ Office continues to develop important efforts
for the persecution and sanction of the perpetrators and planners of the arrest and
death [of the alleged victims],” and that it has elaborated the National Plan for the
Attention of Children and Teenagers 2002-2010, which must serve as the framework
document for the State’s public policies.
69.
In this regard, the Inter-American Commission pointed out that the State
made several affirmations, that “even though they show an appreciable statement
from [it] to repair the next of kin of the [alleged] victims, it does not constitute an
assent to the demands presented for them to the Court” and stated that “the next of
kin of the [alleged] victims specified their demands for different aspects in a very