5
14.
On July 30, 2004, in view of the failure of the Colombian State to comply with
the recommendations included in the report adopted under Article 50 of the
Convention, the Commission decided to file the case before the Court.
IV
PROCEEDINGS BEFORE THE COURT
15.
The Commission filed the application before the Inter-American Court on July
30, 2004 (supra para. 1), attaching documentary evidence and offering testimonial
and expert evidence. The Commission appointed Susana Villarán and Santiago A.
Canton as delegates, and Ariel Dulitzk, Verónica Gómez, Norma Colledani and Lilly
Ching as legal advisers.
16.
On September 15, 2004, after the President of the Court (hereinafter “the
President”) had made a preliminary review of the application, the Secretariat of the
Court (hereinafter “the Secretariat”) notified it, together with the attachments, to the
representatives of the alleged victims and their next of kin, and to the State. It also
informed the latter of the time limits for answering it and appointing its
representatives for the proceedings. The same day, on the instructions of the
President, the Secretariat advised the State of its right to appoint a Judge ad hoc in
this case.
17.
On November 12, 2004, the State appointed Fernando Arboleda Ripoll, Felipe
Piquero and Luz Marina Gil as agent, deputy agent and adviser, respectively. It also
proposed that Jaime Enrique Granados Peña be appointed Judge ad hoc.
18.
On November 15, 2004, the representatives forwarded their brief with
requests arguments and evidence (hereinafter “requests and arguments brief”),
attaching documentary evidence and offering testimonial and expert evidence. In
this brief, they announced that they would “include additional [alleged] victims of the
[alleged] violations of the rights previously indicated” by the Commission, as well as
“new [alleged] victims of new rights [allegedly] violated, which had not been
included in the application.” In this regard, the representatives requested the Court
to rule on the alleged violations of the rights embodied in the following articles of the
American Convention, in addition to the rights indicated by the Commission (supra
para. 3):
(a)
5(1) (Right to Humane Treatment), “to the detriment of the [alleged]
victims who were executed [(supra para. 3(a)] and their next of kin”;
(b)
5(1) (Right to Humane Treatment), “to the detriment of the [alleged]
victims of forced displacement [(infra para. 18(f)], forced labor [(infra para.
18(c)] and […] loss of property [(infra para. 18(e)]”;
(c)
6 (Freedom from Slavery), to the detriment of Noveiri Antonio Jiménez
Jiménez, Francisco Osvaldo Pino Posada, Rodrigo Alberto Mendoza Posso and
Omar Alfredo Torres Jaramillo. Also to the detriment of Milciades De Jesús
Crespo, Ricardo Barrera, Gilberto Lopera, Argemiro Echavarría, José Luis
Palacio, Román Salazar, William Chavarría, Libardo Carvajal, Eduardo Rua,
Eulicio García, Alberto Lopera “and those persons [allegedly] obliged to
execute forced labor, and whose identity is established during the
proceedings”;
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