12
51.
The Court considers that there is no longer a controversy as regards to the
facts alleged in the application, which are considered proved pursuant to paragraph
60 of this Judgment.
iii)
Admission by the State regarding the issues of law
52.
The Court considers it advisable to allow the acknowledgement of
international responsibility made by the State for the violation of the rights embodied
in Article 4(1) (Right to Life), and Articles 5(1), 5(2) and 5(4) (Right to Humane
Treatment) of the American Convention, regarding Article 1(1) of same, in detriment
of the 37 people identified in paragraph 60(26) of this Judgment, for the excessive
use of force against them, for the detention conditions that they had to endure
during the time they were in custody at the Detention Center of Catia, and for the
failure to classify them as either convicts or detainees pending trial.
53.
Likewise, this Court admits the acknowledgement of responsibility made by
the State for the violation of the rights embodied in Article 5(1) (Right to Humane
Treatment), Article 8(1) (Right to a Fair Trial) and Article 25 (Judicial Protection) of
the American Convention, as regards to Article 1(1) of the same, in detriment of the
next of kin of the victims, who are identified in paragraph 60(26) of this Judgment,
for the pain and suffering they endured, for the lack of due diligence in the
investigation of the events and for the difficulty they faced to get access to the
domestic court records.
54.
Finally, the Court admits the acknowledgement of responsibility made by the
State for the failure to comply with the obligation imposed by Article 2 of the
American Convention, for the failure to suppress from its legislation all the provisions
that grant military courts jurisdiction to investigate violations of human rights
committed by the Guardia Nacional (National Guard), and for the failure to develop
policies tending to make the penitentiary system more professional in order to
provide security to prison facilities.
55.
As regards to the alleged violation of the right to the truth, the Court
considers that this is not an autonomous right embodied in Articles 8, 13, 25 and
1(1) of the Convention, as it has been pointed out by the representatives. Therefore,
the Court does not confirm the acknowledgement of responsibility by the State in
this regard. The right to the truth is included in the right of the victim or his next of
kin to get, from the competent State authorities, the truth about the wrongful acts
and the identification of those responsible therefor, through an investigation and the
prosecution of the responsible persons.6
iv)
Admission by the State as regards to the claims for reparations
56.
The Court considers that the admission of the State regarding the claims for
reparations filed by the Inter-American Commission and by the representatives,
which are stated in detail in Chapter XI of this Judgment, should be allowed.
*
6
Cf. Case of the Pueblo Bello Massacre. Judgment of January 31, 2006. Series C No. 140,
para. 219; Case of Blanco-Romero et al, supra note 3, para. 62, and Case of the Serrano-Cruz Sisters,
Judgment of March 1, 2005. Series C No. 120, para. 62.
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