8
practice was not enough to prove that it was agents of the State who tortured
Maritza Urrutia. The statements heard lead us to surmise that it was probable, but it
has not been proved.” The State also indicated that:
it has been shown in this Court that the facts that the State acknowledges as having
occurred took place in a context of armed conflict, which, unfortunately, did not ensure
security of any kind to any Guatemalan. The State cannot accept responsibility for its
agents, if this has not been decided in a domestic court previously. A State cannot
violate the rights of a Guatemalan citizen should he be convicted, or deprive him of his
rights, if he has not previously been summonsed, heard and convicted in a trial. In the
same way, a State may not violate its organizational structures by presenting an
acknowledgement, if its Judiciary has not provided the corresponding justice previously.
It would appear that this acknowledgement was not sufficient for the representatives of
the alleged victims.
34.
In the application, in the public hearing, and in the final written arguments,
the Inter-American Commission indicated that the State’s acknowledgement of
institutional responsibility for non-compliance with the obligations imposed in Article
1(1) of the Convention to the detriment of Maritza Urrutia, made by the President of
Guatemala on August 9, 2000, had full legal effect in accordance with the principles
of international law and, pursuant to the American Convention, bound the State to
repair the violations committed. The Commission added that this “declaration
confirms the State’s acknowledgement of the facts of the case” and:
it implies that, in this case, the Guatemalan State is internationally responsible for the
violations of the rights to personal liberty, humane treatment and freedom of expression
embodied in Articles 5, 7, and 13 of the American Convention. And also of the rights to
a fair trial and effective judicial protection established in Articles 8 and 25 of this
instrument.
35.
At the public hearing, when referring to the State’s acknowledgement of
responsibility, the representatives of the alleged victim indicated that the State had:
acknowledged all the facts established in the application presented by the InterAmerican Commission on Human Rights. The Guatemalan State acknowledged and did
not contest the petitions established in the application. However, when the Guatemalan
State was asked if it acquiesced fully to the application, it said that it did not. We
believe that there is a nuance here and we do not understand completely the reasons
for full acknowledgement of State responsibility and of the terms established in the
application, but non-acquiescence to this application. We believe that it is important
that the Court should establish in future, in the case not only of the Guatemalan State
but of all States, the mechanisms for a State to be able to acknowledge its total or
partial responsibility for facts that have been established. This is a nebulous issue that
leaves us without any guidance when conducting this type of proceeding, and in order
to establish the necessary reparations precisely.
36.
Lastly, the representatives indicated in their brief with final arguments that
the facts had been accepted by the State, first by the public acknowledgement made
by the President of Guatemala on August 9, 2000, by recognizing State responsibility
for failing to comply with the obligations imposed by Article 1(1) of the Convention to
the detriment of Maritza Urrutia; and, second, in its oral arguments, when the Agent
of the State affirmed that “the Government of Guatemala acknowledged that the
facts which gave rise to the submission of the application had occurred.”
Considerations of the Court
37.
Article 52(2) of the Rules of Procedure establishes that :