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victims, their 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 (...).”
13. As it can be noted, the admission referred to in the foregoing provisions
includes: a) the facts alleged in the application submitted by the Commission,
which often are quite numerous and complex and which, therefore, require specific
identification by the party acknowledging them so as to avoid doubt or confusion;
and b) the claims for declaratory and condemnatory judgment —related to the
assessment of the facts in the light of the rules in the Convention and the pertinent
reparations thereof— filed by the applicant Commission itself and by the alleged
victims, who in this regard —although not as far as regards the report on the facts
of the case in point— may make their petitions independently of the Inter-American
Commission, as provided for by the rules and regulations and as reaffirmed by the
precedents of the Court.
14. Insufficient acquiescence, acknowledgment of liability or admission of facts
(technically, each of these concepts has its own scope) may give rise to opposing
opinions on the nature and effects of the act, which will finally be resolved by the
Court, always expected to decide on the admissibility of acquiescence and,
eventually, on the scope thereof as well. It is desirable that the State should clearly
establish the nature and effects it attaches to the procedural act it performs, for,
otherwise, the Court would be forced to “construe” the will of the State and ascribe
to it the characteristics which, in its own opinion, it has.
D) ACKNOWLEDGMENT AND JUDICIAL CONSIDERATION OF THE FACTS
15. Opinions differ as to the presentation of the facts, both at the hearing and in the
text of the judgment, in cases where there has been acquiescence. On the one
hand, it is argued that the dispute regarding the facts has ceased, and that,
therefore, it is not meet that the parties or the Court refer to them thereafter. On
the other hand, it is considered that the facts are essential data in the dispute,
analyzed as a whole, and must be known and assessed in order to establish the
terms of judgment, in addition to the fact that the statement of what has occurred
—already acknowledged by the State— is an input for the “teaching effectiveness”
of the proceedings and contributes to prevent repetition of similar events.
16. In this regard, it is relevant to bear in mind that the acknowledgment of facts is
not binding for the Court, which may require clarifications and even decide that the
proceedings should continue despite such acknowledgment, and that, in any case,
acknowledgement does not in itself amount to a legal assessment of such acts,
something which the Court is the only one entitled to do. It has already been said
that the truth of the facts upon which the case is based does not derive from the
admission of such facts by the parties —the formal or conventional truth— but from
sufficient and conclusive evidence —the material or historical truth— which is what
is sought in international proceedings on human rights. Judgment is and contains,
in substance, a reflection of the Court on wrongful acts and the legal consequences
thereof, and an assessment made by the same body in order to pronounce the
pertinent decision. It is not reasonable to exclude the acts committed in violation of
human rights from such reflection and such assessment, from which it is necessary
to derive certain consequences.
E) DOUBLE JEOPARDY
17. In the Judgment to which I attach this Opinion, the Court has used the
expression “sham double jeopardy” (para. 98), which has already been used before
(Case of Carpio Nicolle et al., November 22, 2004 Judgment, paras. 131 and 132).
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