14
made by a defendant State offers sufficient grounds, in the terms of the American
Convention, to continue or not with the hearing on merits and the determination of
reparations and costs. To this end, the Court examines the situation in each specific
case.3
47.
In cases heard previously by the Court, where there has been acquiescence
and acknowledgement of international responsibility, the Court has established that:
[…] Article 53[2] of the Rules of Procedure refers to the situation in which the defendant
State informs the Court of its acquiescence to the facts and to the claims of the plaintiff
and, consequently, accepts its international responsibility for the violation of the
Convention, in the terms set out in the application, a situation that would lead to the
early termination of the proceedings on merits, as established in Chapter V of the Rules
of Procedure. The Court notes that, under the provisions of the Rules of Procedure that
entered into force on June 1, 2001, the application brief is composed of the
considerations de facto and de jure and also the petitions relating to the merits of the
case and the requests for the corresponding reparations and costs. In this regard, when
a State acquiesces to the application, it must indicate clearly whether it acquiesces only
to the merits of the case or whether its acquiescence also covers reparations and costs.
If the acquiescence only refers to the merits of the case, the Court must assess whether
to continue on to the procedural stage for the determination of reparations and costs.
[…] In light of the evolution of the system for the protection of human rights where,
nowadays, the alleged victims or their next of kin may present their requests,
arguments and evidence brief autonomously and assert claims that coincide or not with
those of the Commission, when an acquiescence occurs, the State must clearly indicate
whether it also accepts the claims made by the alleged victims or their next of kin.4
i)
The State’s acknowledgement of the facts
48.
The Court observes that the State acknowledged the facts relating to “the
arbitrary and illegal detention and torture of the victim[s] and [their] forced
disappearance to date. Also, the State did not contradict the facts relating to the
domestic criminal proceedings in relation to the cases concerning the alleged victims.
In these broad terms, and in the understanding that the application constitutes the
factual framework of the proceedings,5 the Court considers that the dispute has
ceased concerning the facts relating to the detention, torture and disappearance of
Agustín Goiburú Giménez, Carlos José Mancuello Bareiro, Rodolfo Ramírez Villalba
and Benjamín Ramírez Villalba contained in the application.
ii)
The State’s acquiescence concerning the legal claims
3
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia). Judgment of July 5, 2006.
Series C No. 150, para. 33; Case of the “Mapiripán Massacre”, supra note 2, para. 65; and Case of Huilca
Tecse. Judgment of March 3, 2005. Series C No. 121, para. 42.
4
Cf. Case of the “Mapiripán Massacre”, supra note 2, para. 66; Case of Molina Theissen. Judgment
of May 4, 2004. Series C No. 106, paras. 41 to 44; and Case of the Plan de Sánchez Massacre. Judgment
of April 29, 2004. Series C No. 105, paras. 43 to 48.
5
Cf. Case of the Pueblo Bello Massacre. Judgment of January 31, 2006. Series C No. 140, para.
55; Case of Gómez Palomino. Judgment of November 22, 2005. Series C No. 136, para. 59; and Case of
the “Mapiripán Massacre”, supra note 2, para. 59.
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