20
facilitate adjudication of the case made by the President of the Court through its note
of November 15, 2006 (supra para. 125).
V
PARTIAL ACKNOWLEDGMENT OF INTERNATIONAL RESPONSIBILITY
129. Below the Court will proceed to determine the scope of the partial
acknowledgment of international responsibility made by the State (supra para. 56)
and the extent of the subsisting controversy.
130.
Article 53(2) of the Rules of Procedures establishes that
[i]f the respondent informs the Court of its acquiescence to the claims of the party that
has brought the case as well as to the claims of the representatives of the alleged
victims, their next of kin or representatives, the Court, after hearing the opinions of the
other parties to the case, shall decide whether such acquiescence and its juridical effects
are acceptable. In that event, the Court shall determine the appropriate reparations and
indemnities.
131. The Inter-American Court, in exercising its contentious function, applies and
interprets the American Convention. When a case has already been submitted to its
jurisdiction, it is empowered to declare the international responsibility of a State
Party to the Convention for violation of its provisions.3
132. The Court, in the use of its jurisdictional functions of international protection
of human rights, may determine if an acknowledgment of international responsibility
made by a respondent State is well-based, in the terms of the American Convention,
to conclude the proceedings or if it is necessary to continue with the examination of
the merits and the determination of the possible reparations and costs. For these
effects, the Tribunal will analyze the situation presented in each specific case.4
133. In the present case, the State has partially acknowledged the facts in
different acts before the Court. In the public hearing before the Tribunal (supra para.
93) the State made a more ample and specific acknowledgment regarding the facts
than the one made in its response to the petition and observations to the brief of
pleadings and motions (supra para. 56). In its final written arguments (supra para.
105) Peru reiterated said acknowledgment in the terms of the one made in the
mentioned hearing.
134. In its factual and judicial considerations, this Court will consider the more
ample acknowledgment made by the State, to which it will make reference in the
following paragraphs. Since in the mentioned public hearing, and in its final
arguments the State did not refer expressly to the matter of the victims or the rights
violated, the Tribunal will refer, in what refers to these matters, to that previously
indicated by the State in its response to the application and observations to the brief
of pleadings and motions.
3
Cfr. Case of Vargas Areco. Judgment of September 26, 2006. Series C No. 155, para. 42; Case of
Servellón García et al.. Judgment of September 21, 2006. Series C No. 152, para. 52; and Case of
Ximenes Lopes. Judgment of July 4, 2006. Series C No. 149, para. 61.
4
Cfr. Case of Vargas Areco, supra note 3, para. 43; Case of Servellón García et al., supra note 3,
para. 53; and Case of Ximenes Lopes, supra note 3, para. 62.