-1027.
With regard to acknowledgment of international responsibility in cases heard
before by the Court, it has established that2:
[…] Article 5[3] of the Rules of Procedure refers to a situation in which a respondent
State informs the Court of its acquiescence regarding the facts and the claims of the
applicant party and, therefore, accepts its international responsibility for breaching the
convention, in the terms set forth in the application, a situation that would give rise to
early termination of the proceeding regarding the merits of the matter, as set forth in
chapter V of the Rules of Procedure. The Court notes that with the provisions of the
Rules of Procedure that entered into force on June 1, 2001, the application brief includes
the considerations regarding the facts and the points of law as well as the claims
regarding the merits of the matter and the requests for the respective reparations and
costs. In this regard, when a State acquiesces to the application, it must clearly state
whether it does so only regarding the merits of the matter, or whether it also includes
reparations and costs. If the acquiescence refers only to the merits of the matter, the
Court will consider whether it will continue with the procedural stage of determining
reparations and costs.
[…] In light of the evolution of the system for the protection of human rights, where the
alleged victims or their next of kin can today autonomously submit their brief with
requests, pleadings, and evidence, and wield claims that may or may not coincide with
those of the Commission, when there is an acquiescence it must clearly state whether
the claims made by the alleged victims or their next of kin are also accepted.
[…] On the other hand, the Rules of Procedure of the Court do not establish any specific
moment for the respondent party to state its acquiescence. Therefore, if a State resorts
to this procedural act at any stage of the proceeding, this Court, after hearing all the
parties, must evaluate and decide its scope in each specific case.
28.
Likewise, with regard to the possibility of alleging other facts or rights not
included in the application, the Court has established that3:
[…] With regard to the facts addressed in the proceeding, this Court deems, as it has
previously, that it is not admissible to allege new facts that are different from those
stated in the application, while it is possible to state those that may explain, clarify or
dismiss those that have been mentioned in the application, or to respond to the claims
of the applicant. Furthermore, facts that are deemed supervening may be submitted to
the Court at any state of the proceeding before the judgment is issued.
[…] Likewise, with regard to inclusion of other rights different from those already
included in the application by the Commission, this Court has established that the
petitioners may invoke said rights. It is they who are entitled to all the rights embodied
in the American Convention, and not admitting this would constitute an undue restriction
of their condition of subjects of International Human rights Law.
It should be
understood that the above, regarding other rights, is in connection with facts already
included in the application.
[…] This Court also has the authority to analyze possible violation of articles of the
Convention that were not included in the application brief and in the reply to the
application, as well as in the representatives’ brief containing pleadings and motions,
based on the principle of iura novit curia, firmly supported by international
jurisprudence, “in the sense that the judge has the authority and even the duty to apply
2
108.
Cf. Case of Myrna Mack Chang. November 25, 2003 Judgment. Series C No. 101, paras. 106 to
3
Cf. Case of the “Juvenile Reeducation Institute”. September 2, 2004 Judgment. Series C No. 112,
paras. 124 to 126; Case of the Gómez Paquiyauri Brothers. July 8, 2004 Judgment. Series C No. 110,
para. 178; Case of Herrera Ulloa. July 2, 2004 Judgment. Series C No. 107, para. 142; Case of Maritza
Urrutia. November 27, 2003 Judgment. Series C No. 103, para. 134; Case of Myrna Mack Chang, supra
nota 2, para. 128; and Case of the “Five Pensioners”. February 28, 2003 Judgment. Series C No. 98, para.
153.
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