11
American Commission. In the friendly settlement executed by the parties on that
day, the State acknowledged that “it violated the following articles of the American
Convention in detriment of the victims in the instant case, to wit: 1(1), 2, 4, 5, 6,
and 25; it further acknowledged that as a consequence thereof, delay and denial of
justice existed regarding the determination of the circumstances, the facts, the
persons who died and those responsible for this case.” However, after four years of
negotiations, on May 18, 2004, the State filed a brief before the Inter-American
Commission by means of which it “denied and rejected such friendly settlement
executed on March 3, 2000, alleging that it could not be enforceable against the
State.”
48.
At the moment of rendering the report regarding the Admissibility and Merits
(supra para. 8), the Inter-American Commission analyzed the attitude of the State
regarding the friendly settlement executed on March 3, 2000, and considered that
such attitude “was contradictory in view of the prior conduct of the State and further
stated that the same disregarded the efforts that the Commission had made for
years in furtherance of its conciliatory aim.” Furthermore, the Commission
considered that the State had “acknowledged the truth of the facts occurred at the
Detention Center of Catia and its responsibility in several opportunities during the
pendency of the instant case.”
49.
Pursuant to its prior decisions, this Court considers that, according to the
doctrine of estoppel, a State that has adopted a certain position generating legal
effects, cannot subsequently assume a different position which contradicts and
changes the state of the situation relied upon by the other party.4 The failure of the
State to acknowledge the friendly settlement previously agreed upon between the
State and the petitioners on March 3, 2000, and to recognize the acknowledgement
of international liability for the violations alleged during the pendency of the case
before the Commission, which acknowledgement was included in the said settlement,
coupled with other statements made by the State, could not be enforced due to the
application of the doctrine of estoppel. Therefore, the acknowledgement of
responsibility will have full legal force and effect.
i)
Regarding the preliminary objection filed by the State
50.
Upon acknowledgement of the responsibility in the instant case, the State has
accepted the jurisdiction of the Court to hear the case5, and has impliedly waived its
preliminary objection (supra para. 16).
ii)
4
Acknowledgement by the State regarding the facts
Cf. Case of Acevedo-Jaramillo et al, supra note 3, para. 176; Case of the Moiwana Community.
Judgment of June 15, 2005. Series C No. 124, para. 58; Case of Huilca Tecse. Judgment of March 3,
2005. Series C No. 121, para. 56.
5
Cf. Case of Acevedo-Jaramillo et al, supra note 3, para. 126, and Case of the ¨Mapiripán
Massacre¨. Preliminary objections and acknowledgement of responsibility. Judgment of March 7,
2005. Series C No. 122, para. 3.
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