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source for interpreting the relevant standards of the American Convention. In addition, concerning the
direct participation of state security agents, the instant case also provides an opportunity to analyze the
attribution of responsibility to the state for actions by paramilitary forces.
Furthermore, the Court will be able to consolidate its jurisprudence regarding the duty to
investigate and prosecute human rights violations in accordance with special standards that should be
taken into account in cases such as the present one, including the responsibility of high-ranking
leaders. In addition, the case provides the Court an opportunity to rule on transitional justice legislation
in our Hemisphere in accordance with applicable international standards. The Court will also be able to
delve deeper into the topic of forced internal displacement, state obligations stemming from such
situations, and the differential or disproportionate impact on groups in special conditions of vulnerability,
such as communities of African descent, children, and women.
By virtue of the fact that these issues have an important bearing on the Inter-American public
order, the Commission takes the liberty to offer the following expert opinions, pursuant to Article 35.1 f)
of the Rules of Procedure of the Inter-American Court:
a)
Elizabeth Salmón, who will refer to the international standards that determine state
obligations in military operations that take place within the context of internal armed conflict, including
state obligations toward the civilian population, as well as international standards related to the
respective investigations. In addition, the expert will examine possible state responsibilities stemming
from the actions of other actors in the armed conflict. In a cross cutting manner, she will analyze the
common grounds and complementarity of international human rights law and international humanitarian
law.
b)
To be determined, who will refer to the phenomenon of forced internal displacement,
state obligations stemming from that situation, taking into account, among other factors, the specific
impact on groups in conditions of special vulnerability.
c)
Javier Ciurlizza, who will refer to transitional justice legislation, specifically the standards
according to which these standards should be analyzed, in order to determine if the latter are
compatible with the state’s obligations to provide truth, justice, and reparations to the victims of armed
conflicts. The expert will also analyze Law 975 of 2005 in light of those standards.
Together with the appendixes to Merits Report 64/11, the Commission will include the CVs of
the proposed experts.
Furthermore, the Commission takes the liberty to request that the Inter-American Court transfer
the expert report provided by Michael Reed for the case Manuel Cepeda Vargas against Colombia, as
well as the expert report by Federico Andreu Guzmán for the Mapiripán Massacre and the La Rochela
Massacre cases, both against Colombia. These experts referred to topics of public interest referred to
above.
In addition, the Commission informs the Court that, by means of a communication received after
the merits report was issued, the representatives of the victims submitted an organized, fine-tuned, and
complete list of the victims of forced displacement. They indicated that, since physical access to
Cacarica hindered the work to consolidate a single list of victims, and given the seriousness of any
victim not receiving reparations, they included 26 new families of victims that were not covered in the
first census.
Finally, the Commission informs the Inter-American Court of the contact information for the
persons who served as petitioners to the IACHR are: