22
detailed manner in their brief of pleadings [and] motions […].” Likewise, the
Commission mentioned that the State, when it referred to the demands of the
petition, “made arguments that seemed destined to contest the measures requested,
with different shades. Therefore, the Commission consider[ed] that it cannot exactly
speak of assent in the present case, since the State has only partially accepted the
demands of the Commission and of the representatives of the [alleged] victims and
their next of kin.”
70.
The representatives stated that, “even when the State has assented to the
reparations, it is important to consider that the arguments presented in this sense do
not satisfy the totality of the reparations requested.” They added, “the
considerations made by the […] State in relation to the measures adopted by it refer
only to some of the reparations developed by the Commission and by [that]
representation, but that they do not imply the totality of the reparations.”
71.
From that exposed, the Court understands that the observations made by
Honduras regarding the measures of non-repetition or satisfaction requested by the
Commission and the representatives seek to prove that the State is making efforts to
implement them, and that the observations are consistent with that mentioned by
the State in the sense that it “accept[ed] the measures of reparation proposed […].”
However, given that both the Commission and the representatives differ in some
aspects regarding these measures, specifically, in regard to their implementation or
effectiveness, this Court considers it appropriate to issue a ruling on this matter
(infra paras. 186 through 203).
C)
The extent of the subsisting controversy
72.
Article 38(2) of the Rules of Procedures states that
[i]n its answer, the respondent must state whether it accepts the facts and claims or
whether it contradicts them, and the Court may consider accepted those facts that have
not been expressly denied and the claims that have not been expressly contested.
73.
The Tribunal has previously stated that, pursuant to the mentioned Article
38(2) of the Rules of Procedure, the Court has the power to consider as accepted the
facts that have not been expressly denied and the claims that have not been
expressly contested. However, the Tribunal is not obliged to do so in all cases in
which a similar situation presents itself. Therefore, in the exercise of its responsibility
to protect human rights, the Court will determine in each specific case the need to
make legal considerations and to consider the facts as established, either as
presented by the parties, assessing the elements of the body of evidence, or as best
concluded from said analysis.13
74.
Based on the previous considerations, this Tribunal grants complete effect to
the partial acknowledgment of responsibility (supra paras. 16, 54, 55, and 60).
However, the Court acknowledges that there is still a controversy with regard to
some of the violations claimed.
13
Cfr. Acosta Calderón. Judgment of June 24, 2005. Series C No. 129, para. 37; and Case of
Caesar. Judgment of March 11, 2005. Series C No. 123, para. 38.