9
F[OUND]:
1.
The there is no longer any dispute about the preliminary objection regarding
“undue application of Articles 50 and 51 of the American Convention”.
AND [DECIDED]:
2.
To accept, for all its effects, the decision of the State to desist from the first
preliminary objection regarding “undue application of Articles 50 and 51 of the American
Convention”.
3.
To accept, for all its effects, the acknowledgment of international responsibility
by the State, under the terms set forth in paragraphs 29 and 30 of the instant
Judgment.
4.
To dismiss the second preliminary objection regarding exhaustion of domestic
remedies and to continue hearing the instant case regarding the scope of the
acknowledgment of responsibility of the State with regard to the facts that took place in
the instant case that were not included in the acknowledgment of responsibility by the
State; the alleged violations of Articles 1(1), 8(1) and 25 of the American Convention;
the alleged violations of Articles 19 and 22 of said treaty alleged by the representatives,
as well as regarding reparations and costs.
5.
To hold the public hearing summoned by the January 28, 2005 Order of the
President of the Court, as well as the other procedural acts regarding the merits,
reparations, and costs in the instant case. The object of the testimony and expert
opinions will be restricted as appropriate, regarding those parts of the merits,
reparations, and costs with regard to which there is still a dispute among the parties.
6.
To notify the instant Order to the State of Colombia, to the Inter-American
Commission on Human Rights and to the representatives of the alleged victims and their
next of kin.
38.
Once said Judgment was issued, the Court held the public hearing on the
merits, reparations, and costs, and it heard the testimony and expert opinions of the
persons summoned to appear before the Court (supra paras. 25 and 30).
39.
On March 23, 2005 Federico Andreu submitted a written summary of the
expert opinion given during the public hearing.
40.
On April 8, 2005 the State, the Commission and the representatives
submitted their final written pleadings.
41.
On May 9, 2005 the “Manuel Cepeda Vargas” Foundation submitted an amicus
curiae in the instant case.
42.
On May 15, 2005 the Centro Internacional por la Justicia Transicional
submitted an amicus curiae prepared by Paul van Zyl, Lisa Magarrel and Leonardo
Filippini, for it to be taken into consideration in the instant case.
43.
On August 5, 2005 the Secretariat, under instructions by the President of
the Court and in accordance with the terms of Article 45(2) of the Rules of Procedure
of the Court, asked the representatives and the State to send certain information
and several documents, no later than August 19, 2005, as evidence to facilitate
adjudication of the case. Specifically, it requested information on the ongoing
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents