that it carries out in its capacity as a supervisory organ of the American Convention.28
Articles 45 and 46 of Commission’s Rules of Procedure regulate the powers of this organ
regarding the submission of a case to the Court.
39.
It is incumbent on the President of the Court to corroborate that, when submitting
the case, the Commission has indicated the said reasons and observations, but this does not
entail making a preliminary analysis of the merits of the said reasons.29 The Court also
considers that, even when the State is implementing one or more of the recommendations
made by the Commission, the latter may consider that there are still sufficient grounds to
submit the case to the Court owing to the failure to comply with other recommendations
that it considers fundamental in each case.
40.
The Court observes that, when submitting this case, the Commission referred to the
State’s report regarding implementation of the recommendations made in the Merits Report.
Among other observations, the Commission recognized and appreciated that the State had
taken important steps in implementing two of the recommendations (relating to training for
the armed forces, and special protection programs for journalists at risk and investigation of
offenses against them). However, the Commission observed that there had been “no
compliance” with the recommendations to provide “comprehensive reparation for the
victims” and the obligation to investigate and to punish those responsible for the violations.
In its brief submitting the case, the Commission indicated that “it submit[ted] to the
jurisdiction of the Court all the facts and humans rights violations […] described in Merits
Report No. 136/10” and asked the Court to order six measures of reparation, which concur
precisely with the six recommendations made by the Commission in the said report.
41.
The President of the Court considered that, when submitting the case, the
Commission had fulfilled the requirements under Article 35 of the Court’s Rules of Procedure
and, consequently, requested the Secretariat to notify the submission of the case. The Court
supports the President’s action and, regarding the Commission’s omission to provide a copy
of the State’s report on compliance with the recommendations made by the Commission on
that occasion, the Court notes that the latter indicated that the failure was due to an
inadvertent error and that the State forwarded this report to the Court as an attachment to
its brief in answer to the submission of the case. The State also provided the Court with
additional information related to progress in compliance with the said recommendations.
42.
Based on the above findings, this Court reaffirms that the broad acknowledgment of
responsibility made by Colombia, as well as the progress made in implementing
recommendations made by the Commission in its Merits Report and the above-mentioned
arguments of the State in this regard, will be assessed by the Court when it rules on the
measures of reparation requested by the Commission and the representative of the victims
(infra Chapter XII).
B)
The factual framework of the case
Arguments of the State and observations of the representative
28
Cf. Case of the 19 Tradesmen v. Colombia. Preliminary objection. Judgment of June 12, 2002. Series C
No. 93. para. 31.
29
Cf. Case of the 19 Tradesmen v. Colombia. Preliminary objection, para. 31, and Case of Gomes Lund et al.
(Guerrilha do Araguaia) v. Brazil. Preliminary objections, merits, reparations and costs. Judgment of November 24,
2010. Series C No. 219, para. 27.
16