BACKGROUND
2.
This case was submitted to the Court by the Inter-American Commission on
Human Rights (hereinafter “the Commission” or “the Inter-American Commission”),
in an application dated June 9, 1999.
3.
On September 8, 1999, the State submitted its brief on preliminary objections
and, on January 21, 2000, it forwarded a communication in which it advised that “it
ha[d] decided to withdraw the preliminary objections to [the] application that it had
filed, because the Government of the Republic wished to reach a friendly settlement
with the victim’s next of kin.” It also requested the Court to pronounce judgment to
“conclude this stage and open the reparations stage.”
4.
In an order of January 25, 2000, the Court decided:
1.
To consider that the preliminary objections filed by the State of Bolivia had
been withdrawn.
2.
To continue with the proceeding on the merits of the case and, to this end, to
change the purpose of the public hearing on preliminary objections convened by the
President of the Court in an order of December 6, 1999, so as to consider other aspects
of the brief submitted by the State of Bolivia on January 21, 2000.
5.
On January 25, 2000, the said public hearing was held, at which time Bolivia
acknowledged the facts presented by the Commission in Section III of its application.
Likewise, the State acknowledged its international responsibility in the instant case
and accepted the juridical consequences arising from the facts mentioned.
6.
On January 26, 2000, the Court delivered judgment on the merits of the case,
deciding:
1.
To accept the acquiescence to the facts and the acknowledgement of
responsibility made by the State.
2.
To declare, in accordance with the terms of the State’s acknowledgement of
responsibility, that it violated the rights protected by Articles 1(1), 3, 4, 5(1) and 5(2),
7, 8(1) and 25 of the American Convention on Human Rights.
3.
To open the reparations proceeding and authorize the President to adopt the
corresponding measures.
III
PROCEEDING AT THE REPARATIONS STAGE
7.
On January 27, 2000, the President of the Inter-American Court (hereinafter
“the President”), in compliance with the provisions of the third operative paragraph
of the judgment on merits, decided:
1.
To grant the victim’s next of kin or relatives, the Inter-American Commission
on Human Rights and the State of Bolivia 60 days from the notification of the […] order
to submit their arguments and the evidence at their disposal for the determination of
reparations.
2.
To summon, in due time, the victim’s next of kin or representatives, the InterAmerican Commission on Human Rights and the State of Bolivia to a public hearing,
once the written stage of the proceeding has been concluded.