public order that transcends the will of the parties, it is the Court’s responsibility to
ensure that acts of acquiescence are acceptable for the goals sought by the InterAmerican System. It is not limited in this task to verifying, registering, or taking note of
the acknowledgment made by the State, nor to verifying the formal conditions of those
acts of acquiescence. Rather, it must examine them in light of the nature and
seriousness of the alleged violations, the demands and interests of justice, the specific
circumstances of the particular case, and the attitudes and positions of the parties9 in
such a way that, where possible and within the exercise of its competence, it can
establish the truth regarding what took place. Additionally, the Court observes that the
evolution of the system of human rights protection currently allows alleged victims or
their family members to autonomously submit their brief of pleadings, motions, and
evidence and put forward claims that may or may not coincide with those of the
Commission. Therefore, when an acquiescence is presented, the State must clearly
express whether it accepts the claims made by the alleged victims or their family
members. 10
35.
The Court observes that the State’s acknowledgment of responsibility refers to
the Commission’s Report on the merits and not to the application it presented before the
Tribunal in this case. Upon comparing these documents, the Court notes that the parts
corresponding to allegations of fact and law and to reparations are essentially identical,
with only a few differences, such as: the specific allegation of the violation of Article I(b)
of the Convention on Forced Disappearance that appears in paragraph 209 of the
application but not in the corresponding paragraph of the Report on the merits; the
individualization of some victims in paragraph 275 of the Report on the merits with
regard to the alleged violation of Article 5 of the American Convention to the detriment
of the “immediate family of Iván Eladio Torres,” a reference not found in the application;
and the individualization of three relatives of Iván Eladio Torres, indicated in paragraph
256 of the application with regard to the reparations requested by the Commission, an
individualization that is not found in the Report on the merits. Additionally, the State
expressly rejected the allegations of law that were formulated by the representatives in
addition to those presented by the Inter-American Commission, 11 the representatives’
Article 62. Acquiescence
If the respondent informs the Court of its acceptance of the facts or its total or partial acquiescence to
the claims stated in the presentation of the case or the brief submitted by the alleged victims or their
representatives, the Court shall decide, having heard the opinions of all those participating in the
proceedings and at the appropriate procedural moment, whether to accept that acquiescence, and
shall rule upon its juridical effects.
Article 64. Continuation of a case
Bearing in mind its responsibility to protect human rights, the Court may decide to continue the
consideration of a case notwithstanding the existence of the conditions indicated in the preceding
Articles.
9
Cf. Case of Kimel V. Argentina. Merits, Reparations and Costs. Judgment of May 2, 2008. Series C No.
177, para. 24; Case of Vélez Loor V. Panamá. Preliminary Objections, Merits, Reparations and Costs. Judgment
of November 23 of 2010. Series C No. 218, para. 63, and Case of Abrill Alosilla et al. V. Perú. Merits
Reparations and Costs. Judgment of March 4, 2011. Series C No. 223, para. 22.
10
Cf. Case of Myrna Mack Chang V. Guatemala. Merits, Reparations and Costs. Judgment of November
25, 2003. Series C No. 101, para. 29; Case of the “Las Dos Erres” Massacre V. Guatemala. Preliminary
Objection, Merits, Reparations and Costs. Judgment of November 24, 2009. Series C No. 211, para. 29, and
Case of Ibsen Cárdenas and Ibsen Peña V. Bolivia. Merits, Reparations and Costs. Judgment of September 1,
2010 Series C No. 217, para. 33.
11
As has already been mentioned, these refer to the violations of Articles 1(1), 2, 3, 4, 5, 7, 8, 19, 25,
and 26 of the American Convention; 1, 2, 6, and 8 of the Convention Against Torture; III of the Convention on
Forced Disappearance; and the “Protocol of San Salvador” as a whole alleged by the representatives to the
detriment of Iván Eladio Torres Millacura, María Leontina Millacura Llaipén, Fabiola Valeria Torres, Marco
Alejandro Torres, Evelyn Paola Caba, Ivana Valeria Torres, and Romina Marcela Torres, in relation to the
section on “[c]itizen [s]ecurity and [h]uman [r]ights” of the brief of pleadings and motions.
10