15
with inter-American case law that could be implemented by the State, should the Court deem
them pertinent and order them.
45.
Therefore, the Court finds that a dispute subsists regarding certain claims relating to
reparations and costs.
*
*
*
46.
Based on all the above, the Court finds that the State’s position constitutes a positive
contribution to the development of these proceedings, to the satisfactory functioning of the
inter-American human rights jurisdiction, to the exercise of the principles that inspire the
American Convention and to the conduct that the States are obliged to observe in this
regard14 as a result of the commitments they assume as parties to international human
rights instruments.
47.
The Court observes that despite the State’s partial acknowledgement of facts and its
acquiescence with regard to several claims of the parties, it is still necessary to define the
importance and gravity of the violations perpetrated in the instant case. Consequently,
based on its powers to ensure the greatest protection of human rights, the Court finds it
necessary to deliver a judgment in which it establishes the facts and determines the merits
of the case, as well as their corresponding consequences. This constitutes a form of
reparation for the victims and their next of kin and also contributes to the preservation of
historical memory, to the non-repetition of similar facts, and, in brief, to achieving the
purposes of the inter-American system for the protection of human rights.15
48.
Hence, without prejudice to the scope of the partial acknowledgment of facts made
by the State, the Court finds it pertinent to assess the facts of the instant case, both those
acknowledged by Colombia and those included in the application and indicated by the
representatives that explain, elucidate, or allow the Court to reject the facts mentioned in
the application. In addition, the Court finds it necessary to clarify the way in which the
violations occurred in the context and circumstances of the case and the scope of the
obligations established in the American Convention, and will include the respective chapters.
These clarifications will contribute to the development of case law on the subject and
thereby to the protection of human rights.
V
EVIDENCE
49.
Based on the provisions of Articles 44 and 45 of the Rules of Procedure, as well as on
the Court's jurisprudence concerning evidence and its assessment,16 the Court will evaluate
the documentary probative elements submitted by the Commission, the representatives,
and the State at different procedural opportunities or as helpful evidence requested by the
President and the Court, as well as testimonial and informative statements and opinions
sworn before notary public (affidavits) or provided during the public hearing before the
14
Cf. Benavides Cevallos v. Ecuador. Merits, reparations and costs. Judgment of June 19, 1998. Series C No.
38, para. 57; Kimel v. Argentina. Merits, reparations and costs. Judgment of May 2, 2008. Series C No. 177, para.
25, and Case of Albán Cornejo el al., supra note 5, para. 24.
15
Cf. Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001. Series C No. 88,
para. 79; Kimel, supra note 14, para. 28, and Zambrano Vélez et al. v. Ecuador. Merits, reparations and costs.
Judgment of July 4, 2007. Series C No. 166, para. 31.
16
Cf. The “White Van" (Paniagua Morales et al.) v. Guatemala. Reparations and costs. Judgment of May 25,
2001. Series C No. 76, para. 50; Bayarri, supra note 13, para. 31, and Heliodoro Portugal, supra note 13, para. 64.