6
30.
During the first public hearing, the State expressed verbally and in writing
that it withdrew the preliminary objections filed and acknowledged its international
responsibility in the instant case (infra paras. 35 to 38).
31.
On that same day, April 23, 2004, the Inter-American Commission and the
representatives of the victims and their next of kin, respectively, stated at the public
hearing, and also in writing, that they accepted the acknowledgment of responsibility
made by the State.
32.
On April 23, 2004 Guatemala filed a second brief in which it referred to the
position of the Commission and of the representatives regarding the
acknowledgment of international responsibility made by the State.
33.
On April 23, 2004, once the first public hearing had ended and the
aforementioned briefs had been submitted, the Court issued an Order in which it
decided that all the preliminary objections filed by the State had been withdrawn; it
accepted the acknowledgment of international responsibility made by the State, and
it decided to continue the public hearing summoned by the February 19, 2004 Order
of the President, and it limited its object to reparations and legal costs. At said
public hearing, it heard the statements of the witnesses and expert witnesses
summoned by the Court and the pleadings of the Inter-American Commission, of the
representatives of the victims and their next of kin, and of the State.
V
ACKNOWLEDGMENT OF INTERNATIONAL RESPONSIBILITY
Pleadings of the State
34.
In its reply to the application, the State pointed out that during processing of
the instant case before the Commission, on August 9, 2000, the President of the
Republic of Guatemala, who at that time was Alfonso Portillo Cabrera,
“acknowledge[d] the institutional sic responsibility of the State due to noncompliance [with the] provisions of Article 1(1) of the American Convention to
respect and guarantee the rights set forth in the Convention and Articles 1, 2 and 3
of the Political Constitution of Guatemala,” and also stated that “[...] with this
background, the Guatemalan government accept[ed] that the facts that gave rise to
filing of the petitions before the Inter-American Commission on Human Rights
occurred […].”
35.
On April 23, 2004 the State, both in its statements during the first public
hearing held that same day and in the brief that it submitted on the matter,
acknowledged its international responsibility in the instant case.
36.
In the course of the public hearing, the State, “based on the facts set forth in
the brief containing the application by the [...] Inter-American Commission on
Human Rights and [in the brief with pleadings, motions, and evidence] of [the
representatives]:”
1.
Reiterate[d] the acknowledgment of responsibility of the State of Guatemala in
the instant case, made by the previous President of the Republic, Alfonso
Portillo Cabrera, on August 9, 2000.
2
Withdr[ew] the preliminary objections raised by the State during the proceeding
in this case.
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