constitute violations to the American Convention.
17.
In the request for interpretation of the judgment on merits, the State reiterated
“it acknowledges the facts that led to the punishment of the Peruvian State for grave
violations to human rights because of the facts occurred in May 1992 and during the
following months (…).” In the response to the application of the Inter-American
Commission, the State had already mentioned: “It is impossible to hide the facts
occurred and their magnitude.” It then stated that “the conditions not only of lack of
control but also the levels of resistance that very probably were present (in the Prison,
caused) the unmeasured response of the state agents.”
18.
In the public hearing on this case, the State’s representative observed that “in
the brief of the response to the application, the Peruvian State is already
acknowledging those facts based on the evidence of the same and because as of the
moment they occurred (…) they were subject to a wide diffusion in the media.” In the
final written arguments, the State reiterated the acknowledgment of its partial
responsibility “for the facts occurred between May 6 and 9, 1992.” It added that “the
facts subject of the present process were part of the strategy of the government in
office to face, violating human rights, the internal conflict.” Those expressions, quoted,
are of the State, not the Court.
19.
In all the cases –which are more numerous everyday—in which a State admits
facts, it accepts claims, and acknowledges international responsibility, the Court has
pointed out that this attitude, ethically and legally plausible, contributes to the
strengthening of the human rights protection system and offers an important service
to the administration of international justice. In this sense, the tribunal received and
assessed the acknowledgment made by the State, in the terms exposed and confirmed
by it.
21.
In its request for interpretation, the State requested a ruling from the Court
regarding the responsibility of non-state groups for the violation of human rights and
crimes against humanity. Therefore, it invokes the “systematic, dynamic, and evolving
nature of international human rights law.” Of course, this is not a matter of
interpretation of the judgment on merits, in the strict sense, and that latter has not
referred to this matter because it is not within the contentious jurisdiction exercised by
the Court in hearing and solving the case of the Castro Castro Prison. Evidently,
whoever incurs in crimes that imply a violation of human rights, must respond for its
behavior and receive the corresponding punishments. In what refers to the case that
occupies us, the matter in question is not that of the criminal responsibility of people
who violated criminal law, but the definition of the body called upon to hear of these
violations and apply the corresponding punishment.
22.
On the other hand, the State itself suggested the analysis of this matter
through an advisory opinion, since it expressly invokes Article 64 of the American
Convention. This is the regulatory framework of advisory opinions, not of contentious
cases. We are now before a matter presented, dealt with, and solved though a
contentious procedure. The Court cannot modify the matters subject to its knowledge,
the procedure through which it acts, and the nature of its decisions. The assertion –
that was not made and that could be presented by the State or the Inter-American
Commission, among other subjects with legal standing for it-- would be different with
regard to the interpretation, in its case, of a treaty on human rights applicable to
American countries.
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