5
exercise of the “obligation to provide criminal justice” that the State has in
accordance with its own legislation and with a guilty verdict from the international
court.
17.
The Inter-American Court is called upon to establish the truth, a factual and
historical truth, which will then be framed in the legal truth that characterizes the
inviolable judgment, and to adopt its decisions, based on the legal truth, taking into
account the higher interest implied by the defense of human rights. If the Court is
empowered to go beyond discontinuance, acquiescence or an agreement on
reparations when it deems that this is pertinent for significant reasons, it can do so
with all the more reason when the meaning and scope of a party’s statements are
not sufficiently clear and when, consequently, the other parties request the
jurisdictional organ to provide clarifications or explanations that allow the situation
created by these statements to be defined. When undertaking this logical exercise in
the performance of its jurisdictional attributes, the Court can assess dubious or
insufficient statements, in its own terms, or relate them to other information
provided to the proceeding, so as to combine everything in order to establish a sound
basis for the adoption of its decisions.
III.
ADMISSION, ACKNOWLEDGEMENT AND EVIDENCE OF THE FACTS
18.
The State has made various statements, which it classifies as
acknowledgement of international or institutional responsibility, international
acknowledgement of institutional responsibility, “absolute acquiescence,” “plain
[acknowledgement of] the facts set out in the application,” “acquiescence [...] to the
claims of the petitioner,” “acknowledgment of the facts set forth in the application
and unconditional acknowledgement [by the State of] its international responsibility
(cf. Chap. VI of the judgment). I repeat that the State’s attitude is admirable when,
by drawing attention to the existence of facts that violate human rights it attempts to
bring them into the open – or it admits, to a greater or lesser degree, the pertinent
reports of other international instances, such as the Inter-American Commission or
entities of civil society, such as non-governmental organization – and accepts the
adverse juridical consequences resulting from them, and states this position before
international justice. In the Inter-American Court’s experience, there has been an
increase in cases of acquiescence or acknowledgement of responsibility, which is an
encouraging precedent.
19.
Since, the application sometimes alludes to the acknowledgement of the facts,
it is worth clarifying that this document of June 19, 2001, considers facts of two main
types: those relating to the deprivation of the life of Myrna Mack Chang and those
relating to the investigation of this fact and the punishment of those responsible.
Regarding the former, it alludes expressly to a plan of the intelligence service; and,
regarding the latter, it mentions the lack of a genuine and effective investigation
within a reasonable lapse of time and de facto and de jure mechanisms that prevent
adequate administration of justice (para. 209 of the application brief of the InterAmerican Commission on Human Rights). These – as they appear reported in the
application – would be the facts that the State acknowledges when it refers clearly to
this procedural act.
20.
Despite the emphatic statements of the State in several acts of the
international proceeding, particularly those made or provided after the public hearing
of February 19, 2003, had been held, the other parties to the proceeding expressed
some reservations or doubts and asked the Court to establish their scope. This