grounds of the detention, the failure to present the accused promptly before a judge, the lack of prior
and detailed notice of the charges, the lack of a legal defense during the first days following detention,
which led to a wrongful application of arraigo and of pre-trial detention sua sponte, following the
procedures that were appropriate when the events occurred.” It also indicated that “it acknowledges
its international responsibility for violating Article 5, read in conjunction with Article 1(1), regarding
the personal integrity of the victims, for being held isolated and incommunicado during their
detention.”
15.
With respect to reparations, the State informed that it had complied with various of the items
in the Memorandum regarding reparations and, therefore, it requested that the Court take that into
consideration when ordering measures of reparation.
16. The Commission “took note” of the State’s partial acknowledgement of international
responsibility in the public hearing and found that it contributed to dignifying the victims and to
obtaining justice and reparations.” It stressed, however, that the State’s acknowledgement included
“the conclusions on the facts, but not all the conclusions of law set forth in the Merits Report.” The
Commission especially emphasized that the State “did not acknowledge the violation of Article 2 on
the duty to adopt provisions of domestic law, as well as the measure of reparation regarding legislative
modifications.”
17. The representatives “took note of the statement made by the State during the public hearing
in which it made a partial acknowledgement of most of the claims of the representatives.”
B. Considerations of the Court
18. Pursuant to Articles 62 and 64 of the Rules and in exercise of its powers with regard to the
international judicial protection of human rights, a matter of international public order, it is incumbent
on the Court to ensure that an acknowledgment of responsibility is in keeping with the objectives that
the inter-American system seeks to achieve. 12 The Court will now analyze the specific situation
presented in this case.
B.1 On the facts
19. The State made a partial acknowledgement of responsibility for violating various articles of the
Convention to the detriment of Jorge Marcial Tzompaxtle Tecpile, Gerardo Tzompaxtle Tecpile and
Gustavo Robles López, which involved “the detention, the vehicle search, the lack of information on
the grounds of the detention, the failure to present them promptly before a judge, the lack of prior
and detailed notice of the charges, the lack of a legal defense during the first days following detention.”
It added the violation of Article 5, read in conjunction with Article 1(1), regarding the personal integrity
of the victims, for being held isolated and incommunicado during their detention. In view of the above,
the Court understands that the acknowledgement implies the acceptance of the facts as set forth in
the Report on the Merits.
20. Therefore, the Court considers that there is no longer a controversy on the factual basis of this
case; in other words, on the following facts: a) the detention and the search of the vehicle in which
Jorge Marcial Tzompaxtle Tecpile, Gerardo Tzompaxtle Tecpile and Gustavo Robles López were
traveling; b) the lack of information on the grounds for detaining the alleged victims; c) the failure to
present the victims promptly before a judge; d) the lack of prior and detailed notification of the charges
against the alleged victims; e) the lack of a legal defense during the first days following detention and
f) the conditions of isolation and incommuncado to which they were subjected during their detention.
21.
A controversy remains with respect to the searches on March 31, 2006 of the home of the mother
12
Cf. Case of Kimel v. Argentina. Merits, Reparations and Costs. Judgment of May 2, 2008. Series C No. 177, para. 24
and Case of Deras García et al. v. Honduras. Merits, Reparations and Costs. Judgment of August 25, 2022. Series C No. 462,
para. 21.
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