7
V
ACKNOWLEDGEMENT OF RESPONSIBILITY
28.
In this section, the Court will determine the scope of the State’s
acknowledgement of international responsibility in this case and, to this end, it will
take into account the arguments of the Commission, the representatives of the
alleged victim, and the State.
29.
On August 9, 2000, while the case was being processed by the Commission,
and in the context of the visit of the President of the Inter-American Commission to
Guatemala, the President of the Republic “acknowledge[d] the institutional
responsibility of the State arising from non-compliance [with the] provision of Article
1(1) of the American Convention that it respect and ensure the rights embodied in
the Convention and Articles 1, 2 and 3 of the Guatemalan Constitution”; he also
stated that “[…] in view of the foregoing, the Government of Guatemala
acknowledge[d] that the facts that gave rise to the presentation of the petitions to
the Inter-American Commission on Human Rights had occurred[…].”11
30.
In the answer to application, the State referred to this declaration and
“acknowledge[d] the occurrence of the facts and institutional responsibility.” The
State also requested that:
an alternative to friendly settlement be established in this case; [and] should this
proposal not be accepted […], that the respective judgment be delivered without the
need for hearings or any other type of proceeding, in order to apply the principles of
procedural economy and promptness.
31.
On February 20 and 21, 2003, during the public hearing held on this case, the
witnesses, expert witness, the Commission, the representatives of the alleged victim,
and the State referred to the merits of the case and to possible reparations.
32.
On February 21, 2003, during the public hearing, the State emphasized that
the “acknowledgement was based on the omission in which the State incurred as
regards its obligation to ensure to all persons the enjoyment and respect of their
fundamental rights in accordance with the Convention, its Constitution, and other
international instruments signed by Guatemala.” At the same hearing, it repeated
that “the Government of Guatemala acknowledge[d] that the facts that gave rise to
the submission of [the] application to the Court had occurred.” The State also
indicated that:
[…] the Government of the Republic of Guatemala, the representative of the National
Unity Party, and the person who then presided the Inter-American Commission on
Human Rights signed a statement in which, in representation of the State, its
institutional responsibility was acknowledged; and, as the representative of the
Commission has indicated, this gave rise to the non-compliance incurred by
contravening Articles 1(1), 2 and 3 of the American Convention on Human Rights.
33.
During the same public hearing, the State indicated that, although it was true
that “at the time when the facts occurred, there was repressive political violence in
Guatemala, in the absence of any other direct evidence, the mere verification of this
11
Cf. “Declaration of the Government of the Republic of Guatemala regarding the cases submitted
to the Inter-American Commission on Human Rights” of August 9, 2000, Presidency of the Republic,
Presidential Commission for Coordinating Executive Policy in the Field of Human Rights (file of
attachments to the petition, attachment 14, folios 98 to 103).