6
which the seven people died and the parties suspected in the events. Finally, it
pointed out that the reparations awarded in the administrative law proceedings are
consistent with the parameters given in the Convention and that the costs were
established during those proceedings.
20.
On January 12, 1999, the State designated Julio A. Barberis as Judge ad hoc.
21.
On March 18, 1999, the Commission requested permission to enter other
pleadings in the written proceedings, pursuant to Article 38 of the Rules of
Procedure. On June 3, 1999, following the President’s orders, the Secretariat
extended the time period for the Commission to present its pleadings and the State
its rebuttal.
22.
On August 9, 1999, the Commission presented its reply. There, it asked the
Court to:
Adjudge and declare that the State of Colombia has violated the right to life, recognized
in Article 4 of the Convention, and Article 3 of the Geneva Conventions, to the detriment
of Artemio Pantoja Ordóñez, Hernán Javier Cuarán Muchavisoy, Julio Milcíades Cerón
Gómez, Edebraiz Cerón Rojas, Wilian Hamilton Cerón Rojas and N/N Moisés.
Establish the circumstances surrounding the death of Hernán Lizcano Jacanamejoy to
determine whether there has been a violation of the right to life recognized in Article 4
of the Convention in relation to the State’s obligations under Article 1(1) thereof, and
the principles recognized in Article 3 of the 1949 Vienna Conventions.
Adjudge and declare that the State of Colombia has violated articles 8 and 25 of the
American Convention, to the detriment of Artemio Pantoja Ordóñez, Hernán Javier
Cuarán, Julio Milciades Cerón Gómez, Edebraiz Cerón Rojas, Wilian Hamilton Cerón
Rojas, Hernán Lizcano Jacanamejoy, N/N Moisés, and their next of kin.
Adjudge and declare that with its violations to the rights to life, to a fair trial and to
judicial protection, the State of Colombia has also violated its obligation under Article
1(1) of the Convention, which is to respect and ensure the rights recognized therein.
Order the State of Colombia:
a)
to conduct a rapid, impartial and effective judicial investigation of the facts
denounced and punish all those responsible.
b)
to determine the identity of N/N Moisés, executed on January 23, 1991, by
members of the National Police. The Honorable Court is also asked to order the State of
Colombia to conduct a serious investigation to determine the circumstances under which
Hernán Lizcano Jacanamejoy died ….
c)
to make full reparation to the victims’ next of kin, including payment of a just
compensation (deducting the amounts already paid in the form of pecuniary damages as
a result of the administrative contentious cases of Artemio Pantoja Ordóñez, Hernán
Javier Cuarán Muchavisoy, Julio Milcíades Cerón Gómez, Edebraiz Cerón Rojas and
Wilian Hamilton Cerón Rojas) and restore the victims’ good name for posterity.
d)
to adopt any amendments needed in the regulations and training programs of
the Colombian armed forces, so that all military operations are conducted in accordance
with the international instruments and international practice in the matter of domestic
armed conflicts.
e)
to order the State of Colombia to pay the expenses and costs that the victims’
next of kin have incurred to litigate this case in local fora and before the Commission
and the Court, and the reasonable fees of their attorneys.