3
4.
On March 29, 1996 the Commission opened the case as No. 11.603. On
September 27, 1999 the Commission declared the case to be admissible. In the
Report on Admissibility, the Commission placed itself at the disposal of the parties to
seek a friendly settlement.
5.
On December 16, 1999 the petitioners filed with the Commission a proposal
for a friendly settlement, which was forwarded to the State for it to make its
observations. On January 21, 2000 the State sent a brief in which it referred to the
Admissibility Report, and this brief was forwarded to the petitioners.
6.
On March 2, 2000 the Commission held a hearing to analyze the possibility of
reaching a friendly settlement. According to the Commission, the State expressed
that it could not recognize its responsibility because the definitive judgments of the
domestic courts did not demonstrate responsibility of State agents for the facts
alleged. Furthermore, the State pointed out that the next of kin of the alleged
victims would receive reparations if the administrative law courts so decided. The
petitioners, in turn, decided to consider the attempt to attain a friendly settlement
ended.
7.
In their March 31, 2000 brief, the petitioners submitted a “written exposition
of the arguments” made during the aforementioned hearing.
This brief was
forwarded to the State, whose observations were submitted on June 30, 2000.
8.
On October 4, 2000 the Commission adopted Report No. 76/00, in which it
recommended that the State:
1.
Conduct a complete, impartial, and effective investigation under regular court
jurisdiction so as to try and punish those responsible for the extrajudicial execution of
Alvaro Lobo Pacheco, Gerson Rodríguez, Israel Pundor, Angel Barrera, Antonio Flores
Ochoa, Carlos Arturo Riatiga, Victor Ayala, Alirio Chaparro, Huber Pérez, Alvaro
Camargo, Rubén Pineda, Gilberto Ortíz, Reinaldo Corso Vargas, Hernán Jáuregui, Juan
Bautista, Alberto Gómez, Luis Sauza, Juan Montero and Ferney Fernández.
2.
Adopt all necessary measures for the next of kin of the victims to receive [an]
adequate and timely reparation for the violations [...]established.
3.
Take all necessary measures to comply with the doctrine developed by the
Colombian Constitutional Court and by this Commission regarding investigation and trial
of similar cases by regular criminal justice.
9.
On October 24, 2000 the Commission transmitted the aforementioned report
to the State and gave it a two-month period, commencing on the date of transmittal
of that report, to provide information on steps taken to comply with the
recommendations made. On December 22, 2000 the State requested an extension
of the period to reply to Report No. 76/00, and an extension of the deadline to
January 19, 2001 was granted. On that day, the State transmitted its reply to the
Commission, and the Commission decided that same day to submit the instant case
to the jurisdiction of the Court.
IV
PROCEEDINGS BEFORE THE COURT
10.
On January 24, the Inter-American Commission filed its application as
follows: