27.
In light of the preceding, the Commission observes that the State has been able to present a
defense during the proceedings in relation to the deaths of Messrs. Romero and Mr. Ramírez, both in its
responses to the observations of the petitioners and in the public hearing held on the merits of the case
where this issue was specifically discussed.9 The Commission observes, therefore, that an allegation exists in
relation to the link between the three deaths and thus in accordance with the principle of procedural
economy it is not reasonable to demand separate proceedings before the inter-American system when the
respective allegations have been known to and widely debated by both parties and, therefore, the right to
defense and the adversarial principle have been safeguarded.
28.
Furthermore, the Commission notes that at the domestic level the existence of a linkage
between the three deaths has been acknowledged. The Commission also notes that in the issues decisions of
the contentious-administrative process, the relationship between the facts is noted. This, in addition to
strengthening the coincidence of the circumstances of time and location in which they happened, allows for
the consideration of the admissibility analysis conducted on the situation of Mr. Quiñónez, in principle also
applicable to the situation of Mr. Romero and Mr. Ramírez.
29.
Without prejudice of the above, bearing in mind the issue raised by the State about the
possible effects on its right to defense due to the absence of an express statement of admissibility with regard
to Mr. Romero and Mr. Ramírez, the Commission will conduct a specific analysis to ensure that, indeed, the
considerations contained in the admissibility report are analogous to the situation of the two alleged victims
whose inclusion is requested at this stage.
30.
In relation to the analysis of the requirement of prior exhaustion of domestic remedies
established in Article 46(1)(a), the Commission reiterates that in cases in which a person is deprived of their
life, the decisions of the contentious-administrative jurisdiction do not constitute ideal mechanisms to comply
with Article 46 of the Convention, given that said jurisdiction is a mechanism that pertains to the supervision
of the administrative activity of the State and that, at least until the date of the facts, only permits
compensation for damage and harm caused by irregularities in that system.10 Nevertheless, these remedies
do not constitute a means for obtaining justice with regard to the responsible parties. With regard to the
disciplinary jurisdiction, this has been understood to comply with the requirement of exhausting domestic
remedies as complementary to other means, but not as a mechanism that, on its own, can be considered ideal
and effective for justice.
31.
With regards to the criminal proceedings started ex officio by the State, in accordance with
the criteria reiterated by the Commission, constitutes the ideal remedy to deal with cases related to the
violent death of a person, 11 the information available indicates that to date, as with the case of Mr. Quiñónez,
more than 19 years after the deaths of Messrs. Romero and Ramírez occurred no definitive judgment on the
facts exists and the criminal process pursued before 67th Office of the Prosecutor (Fiscalía 67 de la Unidad
Nacional de Derechos Humanos y Derecho Internacional Humanitario) cumulated the three persons in light of
the identity of circumstances in which they would have lost their lives. Additionally, the Commission observes
that analysis of the other requirements of admissibility, particularly the requirement of timely submission,
also applies analogously.
32.
In light of the above, the Commission confirms that, given the existence of allegations about
the link between the three deaths and the manner in which they have been addressed domestically, the
considerations of admissibility in the case of Mr. Quiñónez apply in the same way to the claim related to the
deaths of Messrs. José Gregorio Romero and Albeiro Ramírez Jorge. In this regard, the Commission considers
that the inclusion of these persons in the merits stage, dealing with the same issues and the admissibility
9 IACHR, Hearing of Case 12.711, Wilfredo Quiñónez Bárcenas et al. (Colombia), held during the 144 Period of Sessions, March
26, 2012. Available at: http://www.oas.org/OASPage/videosasf/2012/03/032612_PVidal_3.wmv.
10 IACHR, Report No. 123/10, Case 11.144, Gerzon Jairzinho González Arroyo and others., (Colombia), October 23, 2010, para.
45; IACHR, Report No. 68/09, Wilfredo Quiñónez Barcenas and Family, August 5, 2009, para. 42.
11
IACHR, Report No. 8/11, Anibal Aguas Acosta (Ecuador), March 22, 2011, para. 30.