13
(b)
It appreciates the State’s acknowledgement of responsibility. This
corresponds to the acknowledgement previously made before the
Commission, “which has effects in the proceedings before the Court.”
In other words, the State did not contradict the facts before the
Commission or before the Court and accepted the violation of Articles
4, 5 and 7 of the Convention. But the acquiescence is partial, to the
extent that it only accepted the violation of Articles 8 and 25 of the
Convention in some aspects of the three cases; hence, the
Commission considered that the State is responsible for the partial
impunity in these cases;
(c)
Regarding reparations, the State acknowledged its obligation to make
adequate reparation to the victims of the human rights violations
perpetrated during the Stroessner regime, but referred repeatedly to
its domestic laws to indicate that the alleged victims could have
requested reparations using the procedure established in Act No. 836
(sic) of 1996; and
(d)
The acquiescence made in this case constitutes a total acceptance of
the facts alleged in the application and ends the dispute in this regard.
Nevertheless, the Commission asked the Court to include a detailed
account of the facts in the judgment, “not only as part of the grounds
for the judgment, but also for its effects to repair the damage caused.”
43.
The representatives did not submit their requests and arguments
autonomously. However, in their final arguments, they stated, inter alia, that:
44.
(a)
The alleged good intentions and efforts of the State “do not exist in
reality and its attempt to prove the existence of its efforts to reach a
friendly settlement is not credible and lacks any substance and
reliability”; and
(b)
The State’s avowal of most of the facts in this case ends the dispute in
this respect However, they considered pertinent that, in its judgment,
the Court should declare the truth about the facts and the violations
committed against the alleged victims and their next of kin, and also
the consequent international responsibility of the State.
Article 53(2) of the Rules of Procedure establishes that:
If the respondent informs the Court of its acquiescence to the claims of the party that
has brought the case as well as to the claims of the representatives of the alleged
victims, his next of kin or representatives, the Court, after hearing the opinions of the
other parties to the case, shall decide whether such acquiescence and its juridical effects
are acceptable. In that event, the Court shall determine the appropriate reparations and
costs.
45.
Article 55 of the Rules of Procedure stipulates that:
The Court may, notwithstanding the existence of the conditions indicated in the
preceding paragraphs, and bearing in mind its responsibility to protect human rights,
decide to continue the consideration of a case.
46.
The Court, exercising its role of the international judicial protection of human
rights, can determine whether an acknowledgement of international responsibility
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