10
53.
On April 22, 2004, while presenting its final oral arguments in the public
hearing on merits and possible reparations and costs, the Commission submitted
documentation related to the case.
54.
During the public hearing on merits and possible reparations and costs, the
State undertook to forward to the Court a copy of all the files of the proceedings
processed before the Cúcuta and San Gil courts, and indicated that it should not be
understood “that the Colombian State had any intention of hiding documents or
failing to provide them,” but that the problem arose from “the difficulty for the State
to photocopy nearly 60,000 folios” (supra paras. 19, 21, 45, 46, 48, 49 and 51).
55.
On April 24, 2004, the Court issued an Order, in which it requested the State
to submit to the Court several certifications concerning the proceedings and
investigations conducted in the domestic sphere in the ordinary criminal jurisdiction,
in the military criminal jurisdiction, in the administrative jurisdiction and by
disciplinary action, in relation to the facts of the instant case, as helpful evidence on
merits. The Court also reiterated to the State that, as had been requested during
the public hearing on merits and possible reparations and costs, it should submit the
domestic legislation cited by the parties to the Court. Lastly, the Court reiterated to
the State that, in accordance with the request made to it, on the instructions of the
President, in a note from the Secretariat of April 14, 2004 (supra para. 50), it should
submit to the Court all the documents that had been requested as helpful evidence
on possible reparations and costs. The Court requested Colombia to present all the
said helpful documentary evidence by May 7, 2004, at the latest.
56.
On May 23, 2004, the Commission presented its final written arguments. On
June 1, 2004, the Commission presented the attachments to this brief.
57.
On May 24 and 26, 2004, the State forwarded a copy of the files of the
criminal proceedings processed in the ordinary criminal jurisdiction and in the
military criminal jurisdiction that were pending submission, in accordance with the
request made, on the instructions of the President, in relation to the documentation
described in paragraph 68 of the application (supra paras. 19, 21, 45, 46, 48, 49 and
51).
58.
On May 24 and 26, 2004, the State forwarded part of the helpful
documentary evidence on possible reparations and costs, which had been requested
in a note of the Secretariat of April 14, 2004, on the instructions of the President and
pursuant to Article 44(2) of the Rules of Procedure (supra paras. 50 and 55). The
Secretariat requested Colombia to forward the pending documents and information
as soon as possible.
59.
On May 25, 2004, Colombia forwarded its final written arguments with an
attachment.
60.
On May 24 and 26, 2004, the State forwarded the documentary evidence on
merits requested in the Order of the Court of April 24, 2004 (supra para. 55).
However, the State did not forward all the information requested regarding the
certifications of the domestic proceedings, so the Secretariat asked it to forward the
remaining information as soon as possible.
61.
On June 25, 2004, on the instructions of the President, the Secretariat
requested the State to present as helpful evidence, by July 2, 2004, at the latest, the