4
IV
PROCEEDING BEFORE THE COURT
15.
On September 5, 2003 the Commission filed the application before the Court.
The Commission appointed Robert K. Goldman and Santiago A. Canton as its
delegates, and Ariel Dulitzky and Verónica Gómez as its legal advisors.
16.
On October 28, 2003 the Secretariat of the Court (hereinafter “the
Secretariat”), once the President of the Court (hereinafter “the President”) conducted
a preliminary examination of the application, forwarded it to the State together with
the appendixes and informed the State of the deadline to answer the application and
to appoint its representatives in the proceeding. That same day, the Secretariat,
under instructions by the President, informed the State of its right to appoint an ad
hoc Judge to participate in the process of considering the case.
17.
On October 28, 2003, in accordance with the provisions set forth in Article
35(1) d) and e) of the Rules of Procedure, the Secretariat notified the application to
the representatives of some of the next of kin of the alleged victims (hereinafter “the
representatives”), that is: the Colectivo de Abogados “José Alvear Restrepo” and the
Center for Justice and International Law (CEJIL).
18.
On December 1, 2003 the State appointed Luz Marina Gil García as its Agent.
19.
On December 18, 2003 the State, after being granted an extension,
appointed Gustavo Zafra Roldan as Judge ad hoc. That same day it appointed
Claudia Hernández Aguilar as Deputy Agent.
20.
On January 26, 2004 the representatives, after being granted an extension,
filed their written brief containing pleadings, motions, and evidence (hereinafter
“written brief containing pleadings and motions”) in which, in addition to the
violations alleged by the Inter-American Commission, they alleged violation of
Articles 19 and 22 of the American Convention.
21.
On April 2, 2004 the State filed its brief with preliminary objections, its reply
to the application and its comments on the pleadings and motions.
22.
On May 19, 2004 the Commission and the representatives filed their written
pleadings on the preliminary objections.
23.
On May 28, 2004 Colombia submitted a “brief in response to the
observations by the representatives with regard to the preliminary objections raised
by the State”. In this regard, on July 23, 2004 the President decided that the
arguments raised by the representatives in their written brief containing pleadings
and motions, as well as their observations on the preliminary objections, would be
assessed at the appropriate time; he also decided not to accept the May 28, 2004
brief by the State, as it was a written procedural act not foreseen in the Rules of
Procedure; and that the State will have the opportunity to refer to the pleadings of
the parties when it submits its oral and written final pleadings.
24.
On January 26, 2005 the representatives requested that, “in accordance with
the discretionary powers set forth in Article 45 of the Rules of Procedure of the
Court, [the latter] order [the] State [to] provide all the information it has regarding
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