3
7.
On September 27, 1999, the Commission adopted Report No. 112/99, in
which it declared that the case was admissible and made itself available to the
parties in order to reach a friendly settlement.
8.
On December 16, 1999, the petitioners presented a proposal for a friendly
settlement to the Commission, and it was forwarded to the State so that the latter
could submit its comments. On January 21, 2000, the State remitted a document
referring to the report on admissibility; this was forwarded to the petitioners.
9.
On March 2, 2000, the Commission held a hearing to examine the possibility
of reaching a friendly settlement. According to the Commission, the State declared
that it could not acknowledge responsibility because the final judgments of the
domestic courts did not prove that State agents were responsible for the reported
facts. The State also indicated that the next of kin of the alleged victims would
receive reparation if the administrative court so ordered. The petitioners decided to
terminate the attempt to reach a friendly settlement.
10.
On October 4, 2000, the Commission adopted Report No. 76/00, in
accordance with Article 50 of the Convention. In the report it recommended that the
State:
1.
Conduct a complete, impartial and effective investigation in the ordinary
jurisdiction in order to prosecute and punish those responsible for the extrajudicial
execution of Alvaro Lobo Pacheco, Gerson Rodríguez, Israel Pundor, Ángel 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 the necessary measures to ensure that the victims’ next of kin receive
adequate and prompt reparation for the violations […] that have been established.
3.
Adopt the necessary measures to comply fully with legal doctrine developed by
the Colombian Constitutional Court and by [the Inter-American] Commission regarding
the investigation and prosecution of similar cases by ordinary criminal justice.
11.
On October 24, 2000, the Commission forwarded the abovementioned report
to the State and granted it two months, from the date of transmittal, to provide
information on the measures adopted to comply with the recommendations. On
December 22, 2000, the State requested an extension in order to respond to Report
No. 76/00. The extension was granted until January 19, 2001. On that day, the
State presented its response to the Commission and, on the same day, the
Commission decided to submit this case to the jurisdiction of the Court.
IV
PROCEEDING BEFORE THE COURT
12.
The Commission filed the application before the Court on January 24, 2001.
13.
In accordance with Articles 22 and 33 of the Rules of Procedure, the
Commission appointed Robert K. Goldman and Juan E. Méndez as delegates and
Verónica Gómez as legal adviser. The Commission also designated Viviana Krsticevic
and Roxanna Altholz, of the Center for Justice and International Law (CEJIL), as
assistants, and Gustavo Gallón Giraldo, Carlos Rodríguez Mejía and Luz Marina
Monzón, members of the Colombian Jurists Commission, as representatives of the
alleged victims and their next of kin.