10 Mario Artemio Ramírez Villalba and Eugenia Adolfina Ramírez de Espinoza were siblings of Rodolfo and Benjamín Ramírez Villalba. 38. Consequently, the Court considers that the existence of María Magdalena Galeano Rotela, Rosa Mujica Giménez, Lucrecia Ramírez de Borba, Eugenia Adolfina Ramírez de Espinoza and Mario Artemio Ramírez Villalba has been proved, as well as their respective connections or relationship with Messrs. Goiburú and Ramírez Villalba; they will therefore be considered alleged victims in the corresponding sections. VI PARTIAL ACQUIESCENCE 39. In the instant case, the State acknowledged its international responsibility before both the Commission and the Court; consequently, the terms and scope of this acknowledgement must be defined. 40. During the processing of the case before the Inter-American Commission, the State acquiesced “to the factual findings regarding merits,” as well as to “the claims of the petitioner concerning the violation, to the detriment of the [alleged] victim[s], illegally and arbitrarily detained and disappeared during Alfredo Stroessner’s regime (1954-1989),” of Articles 4, 5 and 7 of the Convention. In addition, it “acquiesced partially to the [alleged] violation of the rights to a fair trial and to judicial protection […] in relation to the grave judicial delay.” Accordingly, when lodging the application before the Court, the Commission considered that the State ha[d] confessed to the facts” to which this case refers and that “this confession should be given full effect during the proceedings before the Court.” 41. In its brief answering the application and in almost identical terms in its final arguments, Paraguay stated the following: The Court is competent to hear this case. The State of Paraguay ratified the American Convention on August 24, 1989, and accepted the compulsory jurisdiction of the Court on March 26, 1993. […] The Court is also competent to hear this case owing to the provisions of Article XIII of the Inter-American Convention on Forced Disappearance of Persons, ratified by the State on November 26, 1996. According to Article III of this instrument, the offense of forced disappearance ‘shall be deemed continuous or permanent as long as the fate or whereabouts of the victims has not been determined.’ […] Considering the status of the case and pursuant to Article 53(2) of the Rules of Procedure of the Inter-American Court […][the State’s Agent communicates] the Paraguayan State’s intention to acquiesce in this brief answering the application in question, taking the necessary measures to achieve the most advantageous results for the Paraguayan State. […] First, it should be emphasized that the Paraguayan State, pursuant to the provisions of the Rules of Procedure of the Inter-American Commission […], has demonstrated its absolute willingness and has made a considerable effort to achieve a friendly settlement with the other parties, which includes, agreeing on reparations with the next of kin of the victim.” […] In this regard, […] “Rolando Agustín Goiburú Benítez, the victim’s son, was appointed Paraguayan Vice Consul in Buenos Aires, by Executive Decree No. 3,397 of May 27, 1994. On July 25, 1997, he was promoted to Consul in Buenos Aires and continued in this post until February 7, 2001, when he was appointed to the Ministry of Foreign Affairs as an Adviser. […]

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos