15
49.
The Court observes that the dispute has ceased in relation to the State’s
international responsibility for the violation of the rights embodied in Articles 4 (Right
to Life), 5 (Right to Humane Treatment) and 7 (Right to Personal Liberty) of the
American Convention, in relation to Article 1(1) thereof, to the detriment of Agustín
Goiburú Giménez, Carlos José Mancuello Bareiro, Rodolfo Ramírez Villalba and
Benjamín Ramírez Villalba, with regard to the facts that have been acknowledged
(supra para. 48).
50.
In addition, the dispute has ceased regarding the State’s international
responsibility for the violation of the rights embodied in Articles 8(1) (Right to a Fair
Trial) and 25 (Judicial Protection) of the American Convention, in relation to Article
1(1) thereof, specifically as regards the violation of the principle of reasonable time,
which the State itself called a “grave judicial delay.” However, the State alleged that
other aspects of the criminal proceedings underway or the recourses that the next of
kin of the alleged victims could have exercised to claim reparations could not
attributed to it. These allegations must be decided by the Court.
iii)
The State’s
reparations
acquiescence
in
relation
to
the
claims
concerning
51.
The Court observes that, as the Commission has stated, although the State
acknowledged its obligation to provide adequate reparation to the victims of the
human rights violations perpetrated during the regime of Alfredo Stroessner, in the
instant case, the State did not acquiesce to the claims concerning reparations
submitted by the Inter-American Commission
*
*
*
52.
The Court considers that the State’s acquiescence constitutes a positive
contribution to these proceedings and to the application of the principles that inspire
the American Convention.6
53.
Bearing in mind its responsibility to ensure the optimum protection of human
rights and given the nature of the instant case, the Court considers that delivering a
judgment in which the truth of the facts and all aspects of the merits of the case and
the corresponding consequences are determined, is a way of contributing to preserve
the historical memory, to make reparation to the victims’ next of kin and to help
avoid a repetition of similar acts.7 Without detriment to the effects of the State’s
partial acquiescence, the Court considers it pertinent to include a chapter on the
facts of this case that includes both the facts acknowledged by the State and those
that have been proved. The Court also considers it necessary to make some
observations on the way in which the violations that were committed occurred in the
context and circumstances of the case, as well as on some aspects related to the
obligations established in the American Convention and other international
instruments; to do this, it will include the respective chapters.
6
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 3, paras. 57 and
61; Case of Baldeón García. Judgment of April 6, 2006. Series C No. 157, para. 55; and Case of Gutiérrez
Soler. Judgment of September 12, 2005. Series C No. 132, para. 59.
7
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 3, para. 117; Case
of Baldeón García, supra note 6, para. 56, and Case of the “Mapiripán Massacre”, supra note 2, para. 69.
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