4
internal obstacles that impede the explanation of the facts and the
determination of those responsible, the representatives “indicate[d] that
these commitments do not relieve the State of its responsibility to take, as its
duty, domestic legal actions that lead to compliance with what the Court has
ordered”; and
with regard to the search for the remains:
e) they stated that the conditions under which the mentioned search
procedures were carried out were neither the most appropriate nor effective
for obtaining results, and that “[n]one of these searches has borne fruit due
to the lack of planning, organization, and foresight with which they have been
carried out”. Likewise, they stated their “worry that the scheduling of [a new]
search is not preceded by evaluation and planning in relation to previous
searches. This oversight could lead once more to failure […] and consequently
to the dilution of the hope of a prompt recovery”.
5.
The briefs dated November 5, 2004, August 12, 2005, August 10, 2006,
November 12, 2006, and January 25, 2008, through which the Inter-American
Commission of Human Rights (hereinafter “the Commission” or “the Inter-American
Commission”) filed its comments on the information submitted by the State and
addressed the status of compliance with the Judgment.
6.
The Order dated December 10, 2007, through which the President of the
Inter-American Court of Human Rights called a private hearing for the monitoring of
compliance at the seat of the Tribunal, with the objective of listening to the State, to
the Inter-American Commission, and to the representatives of the victims and their
next of kin on the implementation of reparations still pending compliance.
7.
The declarations and the information contributed by the parties in the private
hearing for the monitoring of compliance, held February 4, 2008.1
CONSIDERING:
1.
That monitoring the compliance with its decisions is an inherent jurisdictional
power of the Court.
2.
That Colombia ratified the American Convention on Human Rights
(hereinafter, “the American Convention” or “the Convention”) on July 31, 1973, and
recognized jurisdictional authority of the Inter-American Court, in accordance with
Article 62 of the Convention, on June 21, 1985.
1
In keeping with Article 6(2) of the Rules, the Court held the hearing with a commission of Judges
comprised of: Judge Cecilia Medina Quiroga, President; Judge Leonardo A. Franco, and Judge Margarette
May Macaulay. Attendees of the hearing included: a) on behalf of the Inter-American Commission of
Human Rights: Manuela Cuvi Rodríguez and Karin Mantel, aids; b) on behalf of the State of Colombia:
Clara Inés Vargas Silva, Director of Human Rights and DIH, Ministry of Foreign Relations; Francisco Javier
Echeverri, Director of International Matters, Attorney General of the Nation’s Office; Alex Salgado Lozano,
Legal Director, Ministry of National Defense; Luis Fernando Marín, Prosecutor, Attorney General of the
Nation’s Office; Juana Inés Acosta, Coordinator of the Inter-Institutional Operative Group, Ministry of
Foreign Relations; and Sonia Uribe, Coordinator of the Constitutional Operative Group (Grupo Operativo
Constitucional), Ministry of National Defense; and c) on behalf of the representatives of the victims and
their next of kin: Gustavo Gallón Giraldo and Luz Marina Monzón, both with the Colombian Jurists
Commission.