5
State requested a second extension on the deadline for presenting its observations, this time for two
months. In that note, the State made the same requests to the Commission that it made in its notes of
October 30, 2010, April 8, 2011, and August 3, 2011, including the following: “(i) Proceed to properly
characterize the facts in dispute in the admissibility reports on the three cases in question; (ii) once the
facts of each case have been properly characterized, adequately justify and defend, according to the
criteria set out in the October 2010 note, its decision to join the three cases in question; and (iii) define
the legal consequences of the petitioners’ belated and unjustified presentation of additional
observations on the merits of the three cases before us.” The IACHR granted the extension requested
on March 15 for the period of one month.
21.
In a communication dated March 15, 2012, which had as its purpose to request
additional information from the parties related to this case, the Commission responded to the three
points raised by the State, recalling what was decided in the three admissibility reports pertaining to the
cases at issue:
As for the procedural matters the Colombian State raised in the note in question, the IACHR
respectfully reminds the honorable Government that in its admissibility reports No. 3/07, No.
4/07 and No. 46/07, the IACHR defined the scope and nature of the facts that would be
considered during the merits phase in the matter in question. The IACHR also informed the State
that cases 12.595, 12.596 and 12.621 were joined on July 29, 2010, and highlighted that “the
Commission decided to join those cases pursuant to Article 29(1)(d) of its Rules of Procedure,
under which two or more petitions may be joined if they address similar facts, involve the same
persons, or reveal the same pattern of conduct. The cases in question were joined because they
address similar facts and reveal the same pattern of conduct.
22.
In that same communication, the Commission also requested from the State to forward
the complete case files of the investigations related to the facts at issue. On March 15, 2012, the
Commission informed the petitioners that it had granted the State an extension and requested that
within one month’s time, they provide additional information relative to the facts of the case. On April
16, 2012, the State requested a one-month extension to respond to the request of the Commission. The
petitioners submitted additional observations and documents on May 3 and 11, 2012, which were
forwarded to the State on May 15, 2012, in order for it to submit its response within one month’s time.
The State afterwards presented five requests for extensions to present its merits observations on June
19, July 13, August 29, September 25, and October 26 of 2012, which were granted by the Commission.
23.
On November 16, 2012, the observations by the Colombian State on the merits were
received by the IACHR. In its observations, the State reiterated two of the three procedural requests to
the IACHR included in its communications of November 4, 2010 and February 3, 2012 : (i) That the
IACHR proceed to adequately characterize the facts of the dispute in the admissibility reports in the
cases of Mery Naranjo et al., Luz Dary Ospina Bastidas et al., and Myriam Eugenia Rúa Figueroa et al.;
and that (ii) once the facts of each case are characterized, that it proceed to justify and argue
adequately and in keeping with the criteria set forth by the State, its decision to join the three cases just
referenced. It expressly asked the IACHR to reconsider its response to these requests by the State
received on March 16, 2012, given that it understands that the response given by the IACHR does not
answer all the positions to which the State made reference in those notes.
24.
The State indicated in its observations on the merits that in the admissibility reports on
these matters the IACHR did not determine the facts in relation to the merits, as reference was made in
those reports only to the version of the facts put forth by the petitioners. In response to this situation,