such as those that occurred in this case, are not repeated. 23 By the same token,
in the judgments in the Mapiripán, Pueblo Bello and La Rochela Massacres versus
Colombia, the Court deemed that comprehensive reparation of the violation of a
right protected by the Convention cannot be restricted to payment of
compensation to the next of kin of the victim. In keeping with this precedent, in
the event of finding the State responsible for a violation of human rights, the
Commission must consider pecuniary elements sufficient to repair both material
and moral injuries sustained, as well as non-pecuniary elements, measures of
satisfaction and guarantees of non-repetition that comprehensively repair the
consequences of the violations. In that regard, the Commission finds that the
delivery of a sum of money to the father of Mirey Trueba in acknowledgement of
the State's responsibility could be regarded as partial reparation of the damage
caused by the State, since it is not sufficient or effective reparation for all the
harm caused; in other words, comprehensive reparation remains pending. Based
on the foregoing, the IACHR decides to declare the petition admissible in spite of
the existence of the aforesaid agreement.
57.
The Commission believes that it is not appropriate at this stage of
the proceedings to determine whether or not the alleged violations actually
occurred, as that is to be addressed during the analysis of the merits of the case.
However, the Commission considers that the allegations, if proven, would tend to
establish violations of Articles 2, 4, 5, 8, and 25 of the American Convention, in
conjunction with Article 1(1) thereof, and that the case is admissible in accordance
with the requirements set forth in Articles 46 and 47 of the American Convention.
58.
In keeping with the principle of iurit novit curia, the Commission
will examine in the stage on merits if a possible violation exists of Articles 2 and 5
of the American Convention as regards the duty to adopt domestic legal provisions
and the right to humane treatment, respectively, given that those articles are
implied in the description of the facts alleged in the petition, though not explicitly
invoked by the petitioners.
V.
CONCLUSION
59.
The Commission concludes that the case is admissible and that it
has competence to examine the petitioners’ claim regarding the alleged violation
of Articles 4, 8, and 25 of the American Convention, all in connection with the
obligations arising from Articles 1(1) thereof.
60.
In light of the foregoing arguments of fact and law, and without
prejudging the merits of the case,
23 Cfr. I/A Court H. R., Case of Maritza Urrutia. Judgment of November 27, 2003. Series C No.
103, para. 144.
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