14
2.
That the State has acknowledged the facts and its international responsibility
for the violation of Articles 1(1), 2, 4(1), 5(1), 5(2), 7, 8, 17, 19 and 25 of the American
Convention on Human Rights and for failure to comply with the international obligation
established in Articles I and II of the Inter-American Convention on Forced
Disappearance of Persons in the instant case.
3.
That this acknowledgement by the State […] does not interrupt the procedure
of receiving the evidence requested in relation to reparations and costs.
And decided:
1.
To consider that the preliminary objections filed by the State have been
withdrawn.
2.
To admit the acknowledgement of international responsibility made by the
State, in the terms of the second considering paragraph of the [...] Order.
3.
That the dispute regarding the facts has ceased and, consequently, the merits
stage has concluded.
4.
To continue holding the public hearing convened in an order of the President of
the Inter-American Court of Human Rights of March 1, 2004, and to restrict its purpose
to the reparations and costs in this case.
[…]
43.
Consequently, in accordance with the State’s acknowledgement, the Court
considers that the facts referred to in paragraph 40 of this judgment have been
established, and also that, as the State has also acknowledged, it incurred
international responsibility for violation of the rights embodied in Articles 4.1 (Right
to Life), 5(1) and 5(2) (Right to Humane Treatment), 7 (Right to Personal Liberty), 8
(Right to a Fair Trial), 17 (Rights of the Family), 19 (Rights of the Child) and 25
(Judicial Protection) of the American Convention on Human Rights, and for failing to
comply with the obligations established in Articles 1(1) (Obligation to Respect Rights)
and 2 (Domestic Legal Effects) thereof, to the detriment of Marco Antonio Molina
Theissen; in addition, Guatemala failed to comply with the obligation established in
Articles I and II of the Inter-American Convention on Forced Disappearance of
Persons to the detriment of Marco Antonio Molina Theissen.
44.
The Court also considers that, in accordance with the facts that have been
established (supra para. 40), the State is responsible for violation of the rights
embodied in Articles 5(1) and 5(2) (Right to Humane Treatment), 8 (Right to a Fair
Trial), 17 (Rights of the Family) and 25 (Judicial Protection) of the American
Convention on Human Rights, and for failing to comply with the obligations
established in Articles 1(1) (Obligation to Respect Rights) and 2 (Domestic Legal
Effects) thereof, to the detriment of the following next of kin of Marco Antonio Molina
Theissen: Emma Theissen Alvarez vda. de Molina (mother), Carlos Augusto Molina
Palma (deceased father), Emma Guadalupe, Ana Lucrecia and María Eugenia Molina
Theissen (sisters).
45.
In accordance with its Order of April 26, 2004, the Court will, in due course,
rule on the scope and amount of the reparations and costs.
46.
The Court considers that the State’s acknowledgement of international
responsibility makes a positive contribution to the course of this process and to the
effectiveness of the principles that inspire the American Convention on Human
Rights.
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