23
submitted to the jurisdiction thereof, is empowered to decide on the international
liability of a State Party to the Convention as a result of the violation of the
provisions thereof.20
62.
In the exercise of its powers to guarantee the international effective judicial
protection of human rights, the Court may determine if the acknowledgement of
international liability made by a respondent State offers sufficient grounds, under the
terms of the American Convention, whether to continue hearing the merits of the
case or discontinue it, and to determine the possible reparations and legal costs
thereof. To that purpose, the Court shall assess the facts set forth in each specific
case.21
63.
At the public hearing held on November 30, 2005 ( supra paras. 34 and 36)
the State argued that:
a)
it recognizes the relevance of the complaint filed by the InterAmerican Commission as to the violation of Articles 4 (Right to Life) and 5
(Right to Personal Integrity) of the American Convention;
b)
it recognizes the facts alleged in the case regarding the death of Mr.
Damião Ximenes-Lopes, and the lack of prevention necessary to overcome
the conditions that allowed such an event to happen, since at that time the
State mental health care system was precarious, which constituted a violation
of Article 4 of the Convention;
c)
it recognizes the facts alleged in the case regarding the mistreatment
suffered by Mr. Damião Ximenes-Lopes before his death, which resulted in a
violation of Article 5 of the Convention;
d)
it requests that the dispute over such Articles be discontinued and that
the other relevant matters be continued;
e)
it does not recognize the request for reparations resulting from the
violation of Articles 4 and 5 of the Convention, which remains open to debate
and
f)
it does not recognize the violation of the rights enshrined in Articles 8
and 25 of the Convention.
64.
For its part, at the same public hearing the Inter-American Commission
argued that it recognized “the positive, ethical, responsible, and constructive attitude
adopted by the [… State] in acknowledging its liability for the violation of Articles 4
and 5 [of the Convention].” The Commission further stated that “[s]uch an attitude is
not only an important contribution to the outcome of the instant case, but also a
very important precedent in Brazil and in the region on how the States should act
responsibly when the facts are unquestionable and so is the responsibility of the
State as regards to human rights within the framework of the Inter-American
System.” Finally, the Commission stated that it considered that the dispute over both
the factual and legal issues regarding Articles 4 and 5 of the Convention had come to
an end.
Cf. Case of Baldeón-García, supra note 4, para. 37; Case of Blanco-Romero et al. Judgment of
November 28, 2005. Series C No. 138, para. 54; and Case of García-Asto and Ramírez-Rojas. Judgment of
November 25, 2005. Series C No. 137, para. 173.
20
Cf. Case of Baldeón-García, supra note 4, para. 38; Case of Gómez-Palomino. Judgment of
November 22, 2005. Series C No. 136, para. 28; and Case of the Mapiripán Massacre. Judgment of
September 15, 2005. Series C No. 134, para. 65.
21