percentage points lower than that in the year in which the case was condemned internationally
and it pointed out that, according to the Working Group to Examine Periodic National Reports
under the Protocol of San Salvador, the advances made by the State indicate that it has
implemented the appropriate measures.
16. The Commission welcomed the State’s recognition of international responsibility, which
encompasses the totality of the facts and the violations declared in the Merits Report and stated
that it is a positive contribution to the development of the process and to the restoration of the
victims’ dignity. It also approved the State’s position, which is consistent with that taken at the
stage prior to the submission of the case. It requested that the Court declare the facts as proven
and include them in the judgment due to the importance that they have for the victims in
establishing the truth of what occurred.
17. The representative asked that the Court’s judgment declare the State’s international
responsibility for violating the American Convention and the Convention of Belém do Pará and
that it order full reparation for violating the rights declared in the Merits Report. He also requested
that the transcendence of the requested ruling be taken into account in aligning domestic laws,
judicial decisions and administrative and practical programs.
B. Considerations of the Court
B.1 The facts
18. Argentina expressly recognized the facts presented in the Merits Report, which are the basis
of the human rights violations recognized by the State. Those facts refer to (i) the death of Cristina
Brítez Arce and (ii) the domestic proceedings regarding the case. Consequently, the Court
considers that there is no longer any controversy on the factual framework of the case.
B.2 The issues of law
19. The Court notes that the State accepted the claims that appear in the Report on the Merits.
Recognition of responsibility expressly encompasses each violation of the Convention referred to
by the Commission. With respect to the violations of Article 7 of the Convention of Belém do Pará,
the Court understands that such recognition refers to violations that occurred or continued to
occur on or after the date of the State’s ratification of that treaty. Therefore, the Court holds that
there is no longer a controversy on:
a. The violation of Articles 4(1), 5(1) and 26 of the American Convention (rights to life, to
personal integrity and to health), read in conjunction with Article 1(1) thereof, to the
detriment of Cristina Brítez Arce.
b. The violation of Articles 8(1) and 25(1) of the American Convention (rights to judicial
guarantees and to judicial protection), read in conjunction with Article 1(1) thereof, and
of Article 7 of the Convention of Belém do Pará, the latter as of July 5, 1996, to the
detriment of Ezequiel Martín Avaro and Vanina Verónica Avaro.
c. The violation of Article 5(1) of the American Convention (right to personal integrity), read
in conjunction with Article 1(1) thereof, to the detriment of Ezequiel Martín Avaro and
Vanina Verónica Avaro.
B.3 The eventual reparations
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