12
VI
ACKNOWLEDGMENT OF INTERNATIONAL RESPONSIBILITY AND FRIENDLY
SETTLEMENT
31.
As is evident from the friendly settlement agreement reached by the parties
on February 26, 2003 and from the March 6, 2003 explanatory document, the State
acknowledged its international responsibility in the instant case (supra 27 and infra
32 and 33).
32.
The friendly settlement agreement signed by the State, the Inter-American
Commission on Human Rights and the representatives of the next of kin of the
alleged victim on February 26, 2003 sets forth that:
In the city of Buenos Aires, on February 26, 2003, the parties in case No. 11,752,
“Walter David Bulacio,” being heard by the Inter-American Court of Human Rights, are
present at the seat of the Bureau of Legal Affairs or “Procuración del Tesoro de la
Nación.” The National Government is represented by the Head of the Bureau of Legal
Affairs, Dr. Rubén Miguel Citara, the Minister of Justice, Security and Human Rights, Dr.
Juan José Alvarez, and the Human Rights Director of the Ministry of Foreign Affairs,
International Trade and Religious Affairs, Ambassador Horacio Basabe (hereinafter THE
GOVERNMENT).
On behalf of the Inter-American Commission on Human Rights,
Commissioner Robert Goldman sent his consent regarding the content of the agreement,
and Dr. Víctor Abramovich is also present, as Delegate of the Inter-American
Commission on Human Rights (hereinafter THE COMMISSION). In addition, on behalf of
the family of Walter David Bulacio, Dr. María del Carmen Verdú is present as
representative of the family of Walter David Bulacio (hereinafter THE REPRESENTATIVE
OF THE FAMILY) and Graciela Rosa Scavone de Bulacio, the mother of Walter David
Bulacio, is also present. In the framework of the friendly settlement proposed by the
Inter-American Commission on Human Rights and accepted by the National Executive
Branch of Government by means of Decree Nº 161 of January 31, 2003, THE
GOVERNMENT, THE COMMISSION AND THE REPRESENTATIVE OF THE FAMILY agree:
1) Notwithstanding the statements and arguments made by the parties and within the
ambit of the friendly settlement proposed by the Inter-American Commission on Human
Rights and accepted by Presidential Decree No. 161 of January 31, 2003, THE
GOVERNMENT acknowledges responsibility for the violation of the human rights of
Walter David Bulacio and his family, on the basis of the application filed by the InterAmerican Commission on Human Rights. In this regard it places on record that Walter
David Bulacio was the victim of a violation of his rights regarding the inappropriate
exercise of the duty of custody and the illegitimate imprisonment, due to noncompliance with procedures and having seen the juridical consequences and the nonrenounceable commitment of the Government and State of Argentina to fully comply
with human rights standards to which it has committed nationally and internationally, it
acknowledges international responsibility and undertakes to carry out the corresponding
reparations that will be decided by the Honorable Inter-American Court of Human
Rights.
2)
THE GOVERNMENT, THE COMMISSION AND THE REPRESENTATIVE OF THE
FAMILY ask the Honorable Inter-American Court of Human Rights to decide on the points
of law discussed in this case regarding application of Article 7 of the American
Convention on Human Rights; within the framework set forth by the Honorable InterAmerican Court of Human Rights in its Advisory Opinion Nº 17.
3)
Pursuant to the provisions of Article 2 of the American Convention on Human
Rights, THE GOVERNMENT, THE COMMISSION AND THE REPRESENTATIVE OF [THE]
FAMILY request that the Honorable Inter-American Court of Human Rights accept the
establishment of consultation mechanism with the aim, as appropriate, of adjusting and
modernizing
domestic provisions with respect to matters pertaining to the case
discussed, for which purpose experts and other civil society organizations will be
summoned.