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Commission has autonomy and independence in the exercise of its mandate as
established by the American Convention and, particularly, in the exercise of its
functions in the processing of individual petitions.25 Also, in matters that the Court is
examining, the Court has the authority to control the legality of the Commission’s
actions,26 which does not necessarily entail reviewing the proceedings conducted
before the latter, aside from in exceptional cases in which there has been a serious
error that violates the parties’ right to defense.27 Hence, the party that affirms the
existence of a serious error must prove it;28 consequently, a complaint or difference of
opinion in relation to the actions of the Commission is not sufficient.29
32.
In the instant case, the Court observes that, during the proceedings before the
Commission, the State acknowledged “in good faith, that the case of [Senator] Cepeda
was a different and independent case,” even when the Commission indicated that it
would proceed to the merits stage30 and considered the admissibility procedure
exhausted. Nevertheless, it is true that the State alleged that it accepted the
severance of the case provided that “limitations were placed on the factual framework,
the purpose of the dispute, and the burden of proof on the two parties.” Following the
severance and at the public hearing held in March 2007, the Commission considered
that the admissibility procedure had concluded and did not distinguish specific facts in
Admissibility Report No. 5/97 applicable to the Cepeda Vargas case. However,
according to the Commission, “the State indicated on at least two occasions while the
case was being processed (at the public hearing […] before the Commission and [in
the] brief of October 23, 2007), its understanding that the Cepeda case was at the
merits stage, which logically implied that the discussion on admissibility had concluded
with Report No. 5/97.” Also, during the merits stage before the Commission, the State
had three opportunities to submit observations on the representatives’ arguments, and
was even granted three extensions.31
25
Cf. Control of Legality in the Exercise of the Powers of the Inter-American Commission on Human Rights
(Arts. 41 and 44 of the American Convention on Human Rights). Advisory Opinion OC-19/05 of November 28,
2005. Series A No. 19, first operative paragraph; Garibaldi v. Brazil. Preliminary objections, merits, reparations and
costs. Judgment of September 23, 2009. Series C No. 203, para. 35, and Case of Escher et al. v. Brazil. Preliminary
objections, merits, reparations and costs. Judgment of July 6, 2009. Series C No. 200, para. 22.
26
Cf. Control of Legality in the Exercise of the Powers of the Inter-American Commission on Human Rights
(Arts. 41 and 44 of the American Convention on Human Rights). Advisory Opinion OC-19/05, supra note 25, third
operative paragraph; Case of Garibaldi v. Brazil, supra note 25, para. 35, and Case of Escher et al. v. Brazil, supra
note 25, para. 22.
27
Cf. Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru. Preliminary objections, merits,
reparations and costs. Judgment of November 24, 2006. Series C No. 158, para. 66; Case of Garibaldi v. Brazil.
Preliminary objections, supra note 25, para. 35, and Case of Escher et al. v. Brazil, supra note 25, para. 22.
28
Cf. Case of Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru, supra note 27, para. 66;
Case of Escher et al. v. Brazil, supra note 25, para. 23, and Castañeda Gutman v. United Mexican States.
Preliminary objections, merits, reparations and costs. Judgment of August 6, 2008. Series C No. 184, para. 42.
29
Cf. Saramaka People v. Suriname. Preliminary objections, merits, reparations and costs. Judgment of
November 28, 2007. Series C No. 172, para. 32; Case of Escher et al. v. Brazil, supra note 25, para. 23, and Case
of Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru, supra note 27, para. 66.
30
The Commission informed the State that, “in view of the new procedural stage of the case, it needed to
ask the Government of the Republic of Colombia to submit its observations on case No. 12,531 within two months
[…]”. Cf. note sent by the Inter-American Commission on November 28, 2005 (evidence file, tome III, appendix III
to the application, folio 1002).
31
The State submitted observations during the merits proceedings on February 28, 2007, October 23, 2007
and May 30, 2008 (evidence file, tomes I and II, appendix III to the application, folios 293 to 304, 653 to 697 and
828 to 840). It requested extensions on March 21, 2006, June 27, 2007, and April 8, 2008, all of which were
granted by the Commission (evidence file, tomes I and II, appendix III to the application, folios 323 to 325, 695 to
697 and 881).