20
On February 18, when they appeared before the Court, the Agents of the State of
Guatemala ratified the acknowledgment of institutional responsibility for violation of the
right to life of Myrna Mack Chang and for violation of the right of access to justice of the
next of kin of the victim.
Despite said acknowledgment, which the State deemed sufficient for the respective
judgment to be issued, the Honorable Court decided to continue the case hearing by
receiving testimony regarding facts that are no longer disputed, in view of the
acceptance of responsibility by the respondent State.
In face of this situation, deeming that they had fulfilled their role and their legal and
historical responsibility before the Inter-American system for the protection of human
rights, the Agents of the State of Guatemala decided, having received the consent of
the [...] Court, to withdraw from the evidence-gathering stage to return at the
appropriate time in the [...] hearing to present their final position regarding this case.
The State of Guatemala regrets that the good faith of its acknowledgment of the human
rights violations by agents who compromised its institutional responsibility has not been
fully appreciated and that, instead, it has been subjected to repetitive statements
regarding facts that have already been accepted and others that are still being heard
under domestic legal jurisdiction in Guatemala.
88.
Having heard the testimony and expert opinions at said public hearing, on
February 20, 2003 the State expressed in its final oral pleadings:
[w]e refrained from examining any of [the witnesses and expert witnesses] because we
deem that after the acknowledgment of the State, reiterating its responsibility in the
instant case, there is no dispute on the facts and points to which their statements
referred. It is important to underline that the points on which testimony was rendered
coincide with the acknowledgment by the State, for which reason, since they are not
disputed facts, all we can do is await a judgment on the merits and a judgment on
reparations, that this Honorable Court will issue.
89.
In addition, with respect to a question asked by Judge Salgado Pesantes, on
“whether there truly is an acquiescence by the State pursuant to the aforementioned
Article 52 of the Rules of Procedure,” the State replied:
your honor, in accordance with juridical doctrine and the international rulings issued, no.
Acquiescence is not in order when there is no explicit authorization by a State for its
Agents. That authorization does not exist.
90.
that:
At the end of said hearing, the Inter-American Commission, in turn, stated
the State of Guatemala withdrew its preliminary objection regarding non-exhaustion of
domestic remedies. Therefore, the issue of whether there are currently ongoing
domestic proceedings in Guatemala is not being discussed, today, in the proceeding.
Second, we wish to point out that we are going to include in the procedure official
communiqué 032-2003, entitled “el Estado de Guatemala contribuye a la justicia en el
caso de Mack Chang aceptando la responsabilidad institucional en la Corte
Interamericana,” where Article 52 of the Rules of Procedure is invoked, stating that it is
an “acquiescence.” [S]uch a statement, if it is not denied, if it was not of course
falsified, has a juridical value. It is an official statement that is expressly communicated
within Guatemala. That is also why these proceedings are important and why we have
insisted on the value of the official truth being told. Because if we are told that there is
a simple, pure, unconditional acknowledgment, then partial acknowledgment, then
acquiescence, and this is communicated, it appears as if the applicants for the victims
have adopted a recalcitrant position.
Yesterday we heard that it was not an
acquiescence and not even absolute acknowledgment, and even now this statement
invokes Article 52.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos