6
alleged violation of Article 4 and the alleged failure to comply with Articles 1(1) and 2 of the
Convention remains open, as well as the dispute over the corresponding facts.
*
*
*
17.
In turn, the Court observes that the State did not specifically confess the facts of the instant
case in its partial acknowledgement of responsibility. Accordingly, considering that the application
constitutes the factual framework of the proceedings8 and that the State only specifically
contradicted the facts related to the circumstances in which the death of the three alleged victims
occurred, this Tribunal considers that the acknowledgement of responsibility regarding the alleged
violations of the aforementioned articles also involve an implicit acknowledgement of the facts
which according to the application constituted those violations.
18.
Furthermore, the Court takes into consideration that, pursuant to Article 38(2) of the
Tribunal’s Rules of Procedure, the respondent State shall declare, in its brief containing the answer
to the application and comments on the brief on pleadings and motions, “whether it accepts the
facts and claims or whether it contradicts them”, and the Court “may consider accepted those facts
that have not been expressly denied and the claims that have not been expressly contested”.
19.
As such, the Tribunal considers that the dispute over the facts referred to in the paragraphs
of the application’s “Legal Arguments” chapter corresponding to the violations of Articles 8, 25 and
27 of the Convention has ended. These facts will be specified in the respective chapters of the
instant Judgment. Therefore, the dispute over the rest of the facts of the instant case remains
open.
20.
The Court points out that two of the alleged victims’ family members referred to some facts
which were not mentioned in the application, such as the infliction of electricity and the alleged illtreatment to which the alleged victims would have been subjected before being deprived of their
life; some acts of ill-treatment to which the alleged victims’ family members would have been
subjected; as well as the detention, on the day of the events and for the eight following days, of
Ms. Silvia Alicia Macías Acosta, Mr. Segundo Olmedo Caicedo Cobeña’s partner. Those alleged facts
might be analyzed in the lights of Articles 5 and 7 of the Convention. However, in its Report on the
Admissibility and Merits of the case, the Commission expressly concluded that “[…] in the course of
the proceedings [before the Commission,] violations of [the rights to humane treatment and to
personal liberty] have not been proven[,… so that] the State did not controvert [the rights] set
forth in Articles 5 and 7 of the Convention”. To conclude as such, the Commission considered, inter
alia, the following:
[…] the Commission does not consider as proven that, previously to their death, the three persons to
whom this matter refers to would have been subjected to ill-treatments or that their dignity would have
been injured.
[…] the Commission observes that the evidence existing at the time of compiling [this] report is not
sufficient to conclude that the petitioners were under “formal” custody of State agents before their
execution.
21.
The Court observes that the circumstances in which Ms. Macías Acosta would have been
arrested on March 6, 1993, and the alleged acts of ill-treatment to which the family members
would have been subjected at the time of the events, are not part of the object of the dispute in
the instant case. With regard to the alleged acts of ill-treatment to which the alleged victims would
Cf. Case of the "Mapiripán Massacre". Judgment of September 15, 2005. Series C No. 134, para. 59. See also Case
of Bueno-Alves. Judgment of May 11, 2007. para. 126, and Case of the Rochela Massacre, supra note 7, para. 30.
8