32
charges on behalf of Mrs. Iriarte de Blanco at the hearing, something which kept her
from exercising her right to assert her defense and examine those who might provide
information that would cast some light on the facts relating to her husband’s forced
disappearance.
62.
The Court does not consider the right to know the truth to be a separate right
enshrined in Articles 8, 13, 25 and 1(1) of the Convention, as alleged by the
representatives, and, accordingly, it cannot find acceptable the State’s
acknowledgement of responsibility on this point. The right to know the truth is
included in the right of the victim or of the victim’s next of kin to have the relevant
State authorities find out the truth of the facts that constitute the violations and
establish the relevant liability through appropriate investigation and prosecution.43
63.
Likewise the representatives argued, exclusively when the took part in the
public hearing, that the State is responsible for the alleged violation of Article 27
(Suspension of Guarantees) of the American Convention; for its part, the
Commission did not address this particular issue. It is the Court’s view that, on this
particular occasion, a ruling on the aforementioned argument by the representatives
is not necessary.
64.
Lastly, the Court considers that the acknowledgment of international
responsibility by the State constitutes a very important step towards the
development of these proceedings and the enforcement of the principles underlying
the American Convention.
65.
In the light of the above, and in accordance with the Court’s Order of June 28,
2005 (supra para. 32), the Court will determine the relevant reparations and costs
and expenses in the instant case.
VIII
REPARATIONS
APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION
DUTY TO MAKE REPARATIONS
66.
In view of the State’s acknowledgment of responsibility (supra para. 27) and
in line with the considerations on the merits set forth in the preceding chapter, the
Court declared that the State violated, to the detriment of Messrs. Oscar José
Blanco-Romero, Roberto Javier Hernández-Paz and José Francisco Rivas-Fernández,
the rights under Articles 4(1) (Right to Life); 5(1) and 5(2) (Right to Humane
Treatment); 7(1), 7(2), 7(3), 7(4), 7(5) and 7(6) (Right to Personal Liberty); 8(1)
(Right to a Fair Trial) and 25 (Judicial Protection) of the American Convention, in
relation to Articles 1(1) and 2 thereof, and that it failed to comply with its obligations
under Articles 1, 5, 6, 7 and 8 of the Inter-American Convention to Prevent and
Punish Torture, and Articles I(a) and I(b), X and XI of the Inter-American Convention
on Forced Disappearance of Persons. Moreover, the State violated the rights
43
Cf. Case of the Serrano-Cruz Sisters. Judgment of March 1, 2005. Series C No. 120, para. 62;
Case of the Plan de Sánchez Massacre. Reparations (Art. 63(1) American Convention on Human Rights).
Judgment of November 19, 2004. Series C No. 116, para. 97; and Case of Tibi. Judgment of September 7,
2004. Series C No. 114, para. 257.
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