87
value in this proceeding, as it constitutes an acknowledgment of the key facts
to establish the abridgment of said rights of the victims and their next of kin.
Nevertheless, given its partial nature, it does not encompass facts such as
those specified regarding the circumstances of the death or disappearance of
the victims or the level of connivance and complicity that existed between the
paramilitary and members of the Security Forces in carrying out the
massacre.
Considerations of the Court
101. Based on the facts that have been established and the evidence tendered in
the instant case, the Court will now address the scope and juridical effects of the
partial acknowledgment of international responsibility by the State (supra paras. 34
and 37), in the framework of the responsibility of the State resulting from violations
of the American Convention.
102. After said acknowledgment, in its final pleadings, both oral and written, the
State pointed out that its responsibility derives from the irregular actions of its
agents, but does not reflect a policy of the State or of its institutions, and it does not
accept being attributed the acts of the self-defense groups as if they were its agents.
Colombia based its arguments especially on the rules regarding attribution of acts
contained in the United Nations International Law Commission’s Articles on the
Responsibility of States for Internationally Wrongful Acts.
103. To decide on the issue raised by the State regarding international
responsibility, it is necessary to recall the nature of the American Convention in the
framework of International Law, as well as the principles that form the basis of its
application and interpretation.
104. Since its first cases, the Court has based its jurisprudence on the special
nature of the American Convention in the framework of International Human Rights
Law. Said Convention, like other human rights treaties, is inspired by higher shared
values (focusing on protection of the human being), they have specific oversight
mechanisms, they are applied according to the concept of collective guarantees, they
embody obligations that are essentially objective, and their nature is special vis-à-vis
other treaties that regulate reciprocal interests among the States Parties.179
105. This special nature of said treaties and their collective implementation
mechanism180 entail the need to apply and interpret their provisions in accordance
with their object and purpose, so as to ensure that the States Party guarantee
compliance with them and their effet utile in their respective domestic legal
systems.181 This principle applies not only to the substantive provisions of the human
179
See Case of Baena Ricardo. Judgment of November 28, 2003. Series C No. 104, para. 96; Case
of Hilaire. Preliminary Objections, Judgment of September 1, 2001. Series C No. 80, para. 94; Case of the
Constitutional Court. Competence. Judgment of September 24, 1999. Series C No. 55, para. 41, and Case
of Ivcher Bronstein. Competence. Judgment of September 24, 1999. Series C No. 54, para. 42.
180
See Case of the Serrano Cruz Sisters. Preliminary Objections. Judgment of November 23, 2004.
Series C No. 118, para. 69; Case of Baena Ricardo. Judgment of November 28, 2003. Series C No. 104,
para. 99, and Case of Hilaire, Constantine, and Benjamin et al. Judgment of June 21, 2002. Series C No.
94, para. 83.
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