8
could act free from pressure and interference by the political powers.” Finally, the
State admitted “the infringement specified in the brief of requests [and]
arguments”, concerning Article 2 of the Inter-American Convention to Prevent and
Punish Torture, with the exception of such “aggravation affecting the direct family of
the victim, and it is left to judicial investigation and punishment to determine
whether the personal integrity o[f Mr.] Santiago Fortunato Gómez-Palomino was
damaged.”
31.
On its part, the Commission requested the Court to, inter alia, admit the
acknowledgment of international responsibility carried out by the State with respect
to the points which have ceased to be contested, and that the proceedings continue
with regard to some aspects of the alleged violation of the rights enshrined in
Articles 5, 8 and 25 of the American Convention and the alleged breach of Article 2
thereof and of Article I of the Inter-American Convention on the Forced
Disappearance of Persons, as well as regarding certain claims concerning
reparations. Along the same lines, the representatives requested the Inter-American
Court to determine the points not covered by the acknowledgment of responsibility
carried out by the State.
On the acknowledgment of the State regarding the facts
32.
In view of the acknowledgment of responsibility carried out by the State, the
Tribunal considers that the facts in the application filed by the Inter-American
Commission in the instant case (supra para. 1), that are deemed to be established
according to paragraph 54(8) to 54(20) and 54(28) a 54(31) of the instant
Judgment, have ceased to be in dispute.
33.
The facts relating to the alleged violation of Article 5 of the Convention, to
the detriment of Mrs. María Dolores Gómez-Palomino, Mrs. Luzmila Sotelo-Palomino,
Mr. Emiliano Palomino-Buitrón, Mrs. Mercedes Palomino-Buitrón, Mrs. Mónica
Palomino-Buitrón, Mrs. Rosa Palomino-Buitrón and Mrs. Margarita Palomino-Buitrón,
sisters and brother to Mr. Santiago Gómez-Palomino, as well as the pecuniary and
non pecuniary damages that would have been caused to the next of kin of Mr.
Gómez-Palomino, as a result of his forced disappearance, are still in dispute.
34.
Consequently, the Court considers it fit to open a chapter regarding the facts
involved in the instant case, to cover both the facts acknowledged by the State and
the facts that may have been proven by in the body of evidence appearing on the
records of the case (infra para. 54).
On the acknowledgment of the State regarding the law
35.
The Court deems it fit to admit the acknowledgment of international
responsibility carried out by the State for having violated the Rights enshrined in
Articles 4(1) (Right to Life), and 7(1), 7(2), 7(3), 7(4), 7(5) and 7(6) (Right to
Personal Liberty) of the American Convention, regarding Article 1(1) (Obligation to
Respect Rights) of the aforementioned Convention, to the detriment of Mr. Santiago
Gómez-Palomino.
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