7
responsibility is aggravated by the circumstances in which the facts of the case
occurred” (para. 114).
24.
If each of these sources of information – particularly, the acquiescence –
might, in the opinion of some courts, be sufficient to decide this case in the way in
which the Inter-American Court has, the four, examined together, provide more
weight to sustain the Court’s decision about the facts of this case, whose specific
gravity evidently results from the violation of the right to life, but also from the way
in which this was planned, prepared, carried out, and concealed. All the
characteristics of the assassination explain the obstruction of justice that, in itself
and through the acts and omissions duly described in the judgment, violate the
rights established in Articles 8 and 25 of the American Convention.
25.
It is possible that, when hearing the Myrna Mack Chang case, the members of
the Court, who took into consideration some of the material evidence that I have
referred to above, opted to abide by these specific sources of information when
voting on each of the operative paragraphs of the judgment. I believe that, what is
more relevant, finally, is that the unanimous vote on the matters of greatest
pertinence concerning the merits of the case reveals that all the members of the
Court reached the same conclusions on the facts, their meaning and their
characterization from the perspective of the applicable treaty norms, even though
they formed this opinion and supported their vote using different ways to access the
truth.
IV.
RESTRICTIONS OR RESERVATIONS TO ACKNOWLEDGEMENT BY THE
STATE
26.
I believe it is also interesting to make some observations on the contradiction
or at least the discrepancy that sometimes exists between certain declarations made
by the State, through representatives who are qualified to issue them, and possible
declarations by other organs with competence to decide on contentious matters
under domestic legislation. From the perspective of domestic law, this responds to
the principle of the separation of powers, which assigns each power specific
attributes that the others cannot assume or substitute. Nonetheless, from the
perspective of international law, this matter requires clarification of the State’s
international responsibility and of the resolutory attributes of an international court,
which are incontestable – when this is established in the international norm that has
been sovereignly accepted by the State party to a treaty, as indeed happens in light
of the American Convention – and must be complied with by the State, owing to its
treaty obligations.
27.
For the effects of the American Convention and of the exercise of the
contentious jurisdiction of the Inter-American Court, the State is considered
integrally, as a whole. Accordingly, responsibility is global, it concerns the State as a
whole and cannot be subject to the division of authority established in domestic law.
At the international level, it is not possible to divide the State, to bind before the
Court only one or some of its organs, to grant them representation of the State in the
proceeding – without this representation affecting the whole State – and excluding
other organs from this treaty regime of responsibility, leaving their actions outside
the “treaty control” that involves the jurisdiction of the international court.
28.
When the organ that represents the State in its international relations and
whose acts bind the former at this level – generally the Head of State or the Minister