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judgment that the court may issue and that serves both to solve the problem raised
and as a general protection of human rights, through the specific protection of
certain rights of given individuals. This prevalence of public or social interest over
specific or institutional interest is well known in certain situations of national trials,
where it also sustains the unofficial expediting of the proceeding and the
autonomous investigation into the truth.
6.
Of course, issuing an acquiescence or a confession entails withdrawal of the
preliminary objections filed, as has in fact been done, inasmuch as they are a
prerequisite for a subsequent jurisdictional act of the Court, one that could not take
place –or whose issuance would be, at the least, very debatable- if the State that
confesses or acquiesces argues, at the same time, that the court must not hear the
matter raised in the application, due to inadmissibility or lack of competence.
Acquiescence is an invitation to hear and decide on the merits.
7.
In several more or less recent cases –and of course in the one I am now
discussing- the State has made an “institutional acknowledgment” that puts into
effect the possibility of immediately deciding on all or some disputed issues. Of
course, this acknowledgment is a right of the respondent State, but at the same time
it usually reflects implicit fulfillment of an obligation undertaken in light of the
American Convention, inasmuch as the States that are parties to it have taken on
the duty to respect the rights set forth in said instrument and to adopt such
measures as may be necessary for this to be so. It is an expression of the pacta
sunt servanda principle that corrects the offense committed in violation of that
principle. Thus, compliance with the obligation derives from an act of the State (the
acknowledgment) and provides an advancement for another act by the Court (the
judgment).
8.
It is necessary to express, as our court has done in certain cases, including
this one, our appreciation of this conduct by the State, which has substantive and
procedural implications, making it possible to solve the conflict with a contribution by
the parties and not only through a ruling of the court, in accordance with the general
motivation and nature of solutions that pertain to agreements among the parties.
Their will, insofar as it contributes to the ultimate goal sought by whoever acquiesces
or confesses, also contributes to the act of justice that is realized in the final ruling
by the court.
9.
In its April 29, 2004 ruling, the Court expressed that “the acknowledgment of
international responsibility made by the State constitutes a positive contribution to
the development of this process and to the effectiveness of the principles behind the
American Convention on Human Rights” (para. 50). In this case, as in the Case of
Molina Theissen v. Guatemala (which I mention here because the respective ruling
was issued during the same session of the Court as the ruling in the instant case),
the State added to its acquiescence regarding the facts and claims an unprecedented
“request for forgiveness” addressed to the victims, the survivors and the next of kin,
one that must be duly noted. This is, I believe, the first time that a State makes such
a public statement during a trial before the Inter-American Court.
10.
The expression “acknowledgment of international responsibility” includes
several elements: it announces admission of a responsibility derived from an
international commitment and it adds a qualification –“institutional”- that is not
explicitly set forth in the provisions of the Inter-American adjudicatory system.
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