mechanism to identify the executed victims, the next of kin and the survivors, in coordination
with, and to supplement the measures already taken by, the representatives, “[b]ecause the
reparations are closely linked to the identification of victims.”
22.
The representatives acknowledged the State’s good intentions when acknowledging
responsibility in this case and submitted the following observations: (i) although the State had
indicated that it understood that the limitation presented when accepting the Court’s jurisdiction
“is not liable to exception or operative in this case,” it was unclear whether it accepted the
Court’s competence to rule on all the facts of the case; nevertheless, in their final arguments
brief, they considered that, based on the State’s attitude during the procedural stages of this
case, the Court could rule on all the facts and, consequently, all the alleged violations; (ii)
despite the wide-ranging acknowledgement of the facts, “the State did not make specific
mention of the human rights violations for which it acknowledged responsibility,” and “[n]or did
it indicate who it recognized as victims in the case”; (iii) although the State has expressed itself
favorably with regard to the implementation of some of the measures requested, in some cases
“it has only done so in relation to some aspects of the measures, and in others without
specifying what their true scope would be,” and (iv) regarding the facts related to the enforced
displacements, destruction of property, and the context of violence in which these events took
place, they considered that, even if it is of a general nature, the Court should be taken into
account the information contained in the pleadings and arguments brief in order to assess how
the enforced displacement affected victims of the massacres. In addition, the representatives
considered it essential that the Court deliver a judgment in this case in which it determined the
facts together with the violations to which they gave rise, owing to the reparative nature of this
action, because it would contribute to the preservation of the historical memory, to prevent a
recurrence of similar events, and to satisfy the objectives of the inter-American jurisdiction,
which is particularly important in this case “in which, for years, the facts were denied by the
authorities and the perpetrators of these facts are still today treated as heroes.” In addition,
they appreciated the willingness expressed by the State with regard to reparations. They also
indicated that the ruling of this Court “is fundamental to ensure that the State […] complies with
its obligation to adapt its domestic law in order to remove the obstacles that, for years, have
prevented the victims of grave human rights violations during the armed conflict from obtaining
justice.”
23.
In keeping with Articles 62 and 64 of the Rules of Procedure, 11 and in exercise of its
powers for the international judicial protection of human rights, an issue of international public
order that exceeds the will of the parties, the Court must ensure that acts of acquiescence are
acceptable for the purposes sought by the inter-American system. In this task, it is not limited
merely to verifying, recording or taking note of the acknowledgment made by the State, or to
verifying the formal conditions of the said acts, but must relate them to the nature and severity
of the alleged violations, the requirements and interests of justice, the particular circumstances
11
Articles 62 and 64 of the Court’s Rules of Procedure establish:
Article 62. Acquiescence
Si 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
La Corte, 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.
10