19
85.
That same day, February 18, 2003, the Court issued an Order in which it
established that the State had waived all the preliminary objections raised in its
answer to the application; that there continued to be a dispute between the parties
regarding the scope of the acknowledgment of responsibility by the State regarding
the facts and the rights; and that “partial acceptance of the facts and the rights”
expressed by the State did not interrupt the process of receiving the evidence
ordered. Therefore, it decide to admit, for all relevant effects, the waiver by the
State of the preliminary objections that it had raised, and to continue with the public
hearing that was summoned (supra para. 45).
86.
On the second day of the public hearing, February 19, 2003, after the first
four witnesses had been heard, the State expressed that:
yesterday it accepted, and it respected, rather than accepted, the decision of this [...]
Court to continue the public hearing to receive testimonial evidence and expert
opinions. The State of Guatemala also noted carefully the content of said statements
and it has reached the conclusion that said statements do not refer to disputed facts
and, on the other hand, they include points that are still being heard by the domestic
legal system in Guatemala. As men of State, the representatives of Guatemala cannot
remain in the hall to listen to testimony on facts on which our legal system has not yet
decided. Therefore, with all due respect for this […] Inter-American Court of Human
Rights and for the representatives of the victim and the representatives of the InterAmerican Commission on Human Rights, the State of Guatemala has decided to
withdraw from this stage and it will be present at the conclusion of the public hearing to
state its final position with respect to this hearing. In this regard, we wish to ask
permission of this Honorable Court to allow us to leave the hall.
After these statements, in connection with the expressions of the Agent of the State,
the President of the Court, Judge Cançado Trindade, read the provisions regarding
inaction by the parties, set forth in Article 27, paragraphs 1 and 2 of the Rules of
Procedure, and he advised the parties of the need for the State to be present at the
appropriate time to present its final pleadings at the public hearing. The Agents of
the State then withdrew from the public hearing, but in accordance with the
indications of the President of the Court, they returned to the hearing at the
appropriate time to present the final oral pleadings of the State (supra para. 46).
87.
During the public hearing, on February 19, 2003, the Ministry of Foreign
Affairs of Guatemala issued a press release entitled “[e]l Estado de Guatemala
contribuye a la justicia en el Caso Mack Chang aceptando la responsabilidad
institucional ante la Corte Interamericana de Derechos Humanos” [“[t]he State of
Guatemala contributes to justice in the Mack Chang case accepting institutional
responsibility before the Inter-American Court of Human Rights”], in which it stated
the following:
The Rules of Procedure de the Inter-American Court of Human Rights refer –in Article
52- to the general principle according to which a respondent State before this Court
may inform the Court of its acquiescence to the claims of the applicant parties, that is, it
may decide to accept its responsibility in the case being heard. […] Applying this
principle, on last February 14, the State of Guatemala officially communicated to the
[...] Court its decision to accept its institutional responsibility in the Myrna Mack Chang
Case No. 10,636.
[…] Taking into account the practice of the Inter-American Court in all previous cases in
which a respondent State accepted institutional responsibility, and based on the
reasoning that this action by the State in fact concludes the evidentiary stage, the
Government asked [the] Court to continue processing of the case by moving into the
reparations stage foreseen in the proceeding.
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