i)
The violation of Article 19 (Rights of the Child) of the American Convention to
the detriment of María Eustaquia Uscap Ivoy, because she was of age when the
contentious jurisdiction of the Court was recognized.
19.
In its answering brief, the State also acknowledged some of the “victims in this
case,” and provided a list of names. In addition, it presented a list of victims who have
presumably already received compensation under the National Reparations Program, and
accepted some of the claims for reparation put forward by the representatives.
20.
Regarding the “total acquiescence” to the violations indicated in subparagraphs (a)
and (i) of paragraph 17, the Commission considered that there is no longer any dispute
“regarding the factual framework that substantiates the said violations, or the legal
consequences claimed.” Regarding the remaining violations, the Inter-American Commission
indicated that it understood that “the partial acknowledgement of responsibility […] has a
broad scope consistent with the terms of acknowledgement and taking into account the case
law of the inter-American system concerning continuing violations, as well as the facts that
occurred within the Court’s temporal competence.” Nevertheless, although it assessed this
partial acknowledgement positively, it indicated that “there are still some violations
regarding which the State has not accepted responsibility, and that remain in dispute.”
Therefore, the Commission asked the Court: (a) to grant full legal effects to the State’s
acknowledgement of responsibility; (b) to present a detailed description of the facts and the
violations that occurred; (c) to make a thorough analysis of the violations that were partially
acknowledged and those that were contested, and (d) to proceed to declare the
international responsibility of the State with regard to them.
21.
In general, the representatives indicated that the State’s answering brief contained a
series of inconsistencies because, on the one hand, it contested the Court’s temporal
competence while, on the other hand, it offered an acknowledgement of international
responsibility. In this regard, the representatives considered that Guatemala had breached
the principle of estoppel, citing diverse case law of the Inter-American Court according to
which “a State that has adopted a specific position, which produces legal effects […] cannot
[…] adopt another position that is contradictory to the former.” Therefore, the
representatives considered that the State’s position was incompatible with “the nature and
gravity of the alleged violations, the requirements and interests of justice, [and] the
particular circumstances of the case […].”
22.
In accordance with Articles 62 and 64 of the Rules of Procedure, and in exercise of
its powers of international judicial protection of human rights, an issue of international
public order that transcends the will of the parties, the Court must ensure that acts of
acknowledgement of responsibility are acceptable for the objectives sought by the interAmerican system. In this task, the Court is not limited to merely verifying, recording or
taking note of the acknowledgment made by the State, or to verifying the formal conditions
of the said decisions; rather, it must relate them to the nature and seriousness of the
alleged violations, the demands and interests of justice, the particular circumstances of the
specific case, and the attitude and position of the parties,5 in such a way that it is able to
elucidate, insofar as possible and in the exercise of its competence, the truth of what
happened.6 Furthermore, the evolution of the human rights protection system now allows
5
Cf. Case of Kimel v. Argentina. Merits, reparations and costs. Judgment of May 2, 2008. Series C No. 177,
para. 24, and Case of the Kichwa Indigenous People of Sarayaku v. Ecuador. Merits and reparations. Judgment of
June 27, 2012. Series C No. 245, para. 26.
6
Cf. Case of Manuel Cepeda Vargas v. Colombia. Preliminary objections, merits, reparations and costs.
Judgment of May 26, 2010. Series C No. 213, para. 17, and Case of the Kichwa Indigenous People of Sarayaku v.
Ecuador, supra, para. 26.
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