Notwithstanding the foregoing, the parties request the Inter-American Court to examine the
evidence offered, receive the arguments of the parties and deliver a judgment in which it rules
on the legal consequences of the facts that haves been accepted, reinforcing the international
standards on the matter that is the purpose of these proceedings and permitting adequate
monitoring of its decision.
Furthermore, pursuant to Article 63 of the American Convention, the parties request the Court
to rule on the scope of the reparations included by the Inter-American Commission on Human
Rights in Merits Report No. 129/17, and on the arguments made by the victims’
representatives in this regard in section VIII of their brief with pleadings, motions and
evidence, which include compensation, in equity, for pecuniary and non-pecuniary damage to
the victims, measures of satisfaction and guarantees of non-repetition with a transformative
purpose. The foregoing without prejudice to the considerations that the parties may make on
this point in due course.13
17. The representatives stated during the public hearing that they considered that “the
attitude taken by the State was very positive and underst[oo]d that it made a very important
contribution to the development of these proceedings and to respect for the principles that
inspire the American Convention.” Nevertheless, the representatives asked the Court “to
deliver a judgment that establishes very clear and precise standards for stop and search without
a court order, and this over and above the responsibility acknowledged by the Argentine
State.”14 This request was repeated in their final written arguments. 15
18. The Commission indicated during the public hearing, with regard to the acquiescence
made by the State, that it “wished to acknowledge and express its appreciation for the
willingness of the Argentine State to recognize those violations and to make reparation to the
victims in this case.”16 In addition, in its brief with observations of March 23, 2020, the
Commission considered that “the acknowledgement made by the State encompasses the facts,
the relevant law, and the measures of reparation established in Report No. 129/17. This was
without prejudice to the fact that the State had also decided to acknowledge its international
responsibility for the violation of the principle of equality alleged by the representatives.” In
this way, the Commission considered that the acknowledgement of responsibility “made a
positive contribution to the proceedings, and also to the exercise of the human rights
established in the American Convention.” Lastly, the Commission asked the Court: “(i) to
accept the State’s acknowledgement of international responsibility and establish that it
incorporates all the facts and the violations committed in this case, and (ii) to make a detailed
determination of the facts, the relevant law, and the corresponding reparations.”17
B. Considerations of the Court
19.
The Court recalls that, pursuant to Articles 62 and 64 of the Rules of Procedure, and in
exercise of its powers for the judicial protection of human rights, a matter of international public
order, it is incumbent on it to ensure that acts of acknowledgment of responsibility are
13
Brief of March 4, 2020 (merits file, folios 400 to 402).
14
Statement of a representative of the presumed victims during the public hearing held on March 11, 2020.
15
Cf. Brief with final written arguments of the representatives of May 21, 2020 (merits file, folios 758 to 761).
Statement of the representative of the Inter-American Commission on Human Rights during the public hearing
held on March 11, 2020.
16
Brief with observations of the Inter-American Commission on Human Rights on the Argentine State’s brief of
March 4, 2020 (merits file, folio 543).
17
7