6
was also investigated and for the benefit of whom the statute of limitations also ran
out, so that the charges against him also lapsed.
14.
Pursuant to Articles 53(2) and 55 of the Rules of Procedure, in exercising its
inherent powers for the international judicial protection of human rights, the Court
may determine if an acknowledgment of international responsibility effected by a
respondent State provides enough grounds, in the terms of the American
Convention, to proceed, or not, to dispose of the merits and to determine reparations
and costs. To such effects, the Tribunal is to analyze the situation in each specific
case.9 For that reason, the Court proceeds to precisely construe the partial
acknowledgment of international responsibility effected by the State and the scope of
the subsistent dispute.
*
*
*
15.
In its application the Commission exposed that the State incurred in the
violation of Articles 8 (Right to a Fair Trial) and 25 (Right to Judicial Protection), in
relation to Articles 1(1) (Obligation to Respect Rights) and 2 (Domestic Legal
Effects), all of them of the American Convention (supra para. 4).
The
representatives coincided in that those same provisions had been violated, although
on some different grounds, and additionally alleged violation of Articles 4 (Right to
Life), 5 (Right to Humane Treatment), 13 (Freedom of Thought and Expression) and
17 (Rights of the Family) of the Convention (supra para. 5).
16.
As it has been said, at the public hearing the State acknowledged negligence
and omission by State authorities for not having carried out with the extradition of
Dr. Espinoza-Cuesta on their own motion, and acquiesced to the charge of having
violated Articles 8 and 25 of the American Convention (supra para. 10).
Furthermore, it pointed out the significance of this case to update medical
malpractice legislation and declared such amendments to be worth the “great effort
required to adequately conform both the substantive and the procedural statutory
contents, as well as the rules and regulations, on which the State is to act in the
future.” Likewise, in its final written arguments it dealt expressly with its lack of
compliance with Article 2 of the Convention (supra para. 11).
17.
As to the facts, the Court observes that the State confessed to an omission by
the State authorities, for their not having, on their own motion, gone through the
procedures relating to the extradition of one of the accused in the criminal
proceedings undertaken before its domestic jurisdiction in the current case.
Therefore, it declares such fact to be no longer in dispute, and holds it to be
established in the aforementioned terms (supra para. 16).
18.
On the other hand, the other facts alleged in the application and relating to
the investigation and determination of the circumstances attending the death of
Laura Albán, with regard to the procedures undergone in the civil and criminal
9
Cf. Case of Myrna Mack-Chang v. Guatemala. Merits, reparations, and costs. Judgment of November 25,
2003. Series C No. 101, para. 105; Case of Zambrano-Vélez et al. v. Ecuador. Merits, reparations, and
costs. Judgment of July 4, 2007. Series C No. 166, para. 12; and Case of the Rochela Massacre v.
Colombia. Merits, reparations, and costs. Judgment of May 11, 2007. Series C No. 163, para. 9.