situations where multiple entities have contributed to an injury
arising from an internationally wrongful act.” 19
For its part, in the case of Goiburú v. Paraguay, the Court has
clarified that
to ensure the effectiveness of the collective guarantee
mechanisms established in the Convention, [...] States Parties
to the Convention should collaborate with each other to
eliminate the impunity of the violations committed in this case
by the prosecution and punishment of those responsible. 20
Although we could not issue a judgment finding Chile or Uruguay
responsible, since these States have not fully participated in the
proceedings, I believe that it is feasible to advance in terms of the
cooperation of the States with the Court within the framework of
Article 58 of the Rules of Procedure, which grants the Court broad
evidentiary powers. 21 Along these lines, the Court should have
made progress in requesting information from these States that
could have made it possible to advance in determining the
international, interstate, and cross-border nature of the facts of
this case.
A separate discussion is the possibility of determining the
international responsibility of several States in making inter-State
cooperation decisions that produce acts that end up violating
human rights in other countries. Although the American
Convention does not expressly address it, nor do the Rules of
19
Maarten Den Heijer, Procedural Aspects of Shared Responsibility in the European Court of Human Rights, 4 J. OF
INT’L DISP. SETTLEMENT 361, 362 n.3 (2013)
20
Inter-American Court. Case of Goiburú et al. v. Paraguay. Merits, reparations and costs. Judgment of September
22, 2006. Series C No. 153, para. 166
21
Article 58. Procedure for Taking Evidence
The Court may, at any stage of the proceedings: a. Obtain, on its own motion, any evidence it considers helpful and
necessary. In particular, it may hear, as an alleged victim, witness, expert witness, or in any other capacity, any
person whose statement, testimony, or opinion it deems to be relevant. b. Request the Commission; the victims or
alleged victims, or their representatives; the respondent State; and, if applicable, the petitioning State to submit any
evidence that they may be able to provide or any explanation or statement that, in the Court’s opinion, may be
useful. c. Request any entity, office, organ, or authority of its choice to obtain information, express an opinion, or
deliver a report or pronouncement on any given point. Such documents may not be published without the
authorization of the Court. d. Commission one or more of its members to take steps in the advancement of the
proceedings, including hearings at the seat of the Court or at a different location. e. If it is impossible to proceed
according to the terms established in the previous paragraph, the Judges may commission the Secretariat to take
necessary steps in the advancement of the proceedings.