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structural human rights violations are alleged, it is even more difficult to seek a strict
delimitation of the facts. Thus, the litigation submitted to the Court cannot be
examined piecemeal or trying to exclude those contextual elements that could inform
the judge about the historical, material, temporal and spatial circumstances in which
the alleged facts took place. Nor is it necessary to distinguish or categorize each
alleged fact, because the dispute submitted can only be settled based on an
assessment of all the circumstances described.
51.
Consequently, the Court is not attempting to rule on the global phenomenon of
paramilitarism, or judge the different circumstances included in that context.53
Furthermore, it is not called on to rule on the different facts alleged by the State and
the representatives, or on public policies adopted at different times to counter such
diverse and complex aspects of the generalized violence during the 1980s and 1990s in
Colombia. The Court takes these facts into consideration as part of the arguments of
the parties within their litigation. With regard to the normative that the State is
attempting to exclude from this case, it is evident that “[t]he purpose of the Court’s
contentious jurisdiction is not to review domestic laws in abstract; rather it is exercised
in order to decide specific cases in which it is alleged that an act [or omission] of the
State, executed against specific individuals, is contrary to the Convention.”54
52.
Hence, at the merits and possible reparations stage of the case, the Court will
merely observe, in keeping with the arguments of the parties, whether specific
procedures or acts that occurred based on those laws and mechanisms have had an
impact on the alleged violations of the Convention, in particular with regard to the
State’s obligation to investigate the facts effectively.55 In these terms, the Court will
assess the evidence and proceed to adjudicate upon the disputed elements of the
merits of the case.
IV.2
EVIDENCE
53.
Based on the provisions of Articles 46, 47 and 49 of the Rules of Procedure, as
well as on the its case law concerning evidence and its assessment,56 the Court will
proceed to examine and assess the probative elements forwarded by the parties at
different procedural opportunities, the statements provided by affidavit, and those
received at the public hearing, together with the helpful evidence requested by the
53
Cf. Case of the La Rochela Massacre v. Colombia, supra note 16, para. 32.
54
Gangaram Panday v. Suriname. Preliminary objections. Judgment of December 4, 1991. Series C No. 12,
para. 50; Usón Ramírez v. Venezuela. Preliminary objection, merits, reparations and costs. Judgment of November
20, 2009. Series C No. 207, para. 154, and Reverón Trujillo v. Venezuela. Preliminary objection, merits, reparations
and costs. Judgment of June 30, 2009. Series C No. 197, para. 130, footnote 158. See also, International
responsibility for the Promulgation and Enforcement of Laws in Violation of the Convention (Arts. 1 and 2 American
Convention on Human Rights). Advisory Opinion OC-14/94 of December 9, 1994. Series A No. 14, para. 48.
55
The State concurred with this when, on alleging that issues relating to demobilization, the Justice and
Peace Law and Law 1312 exceeded the purposes of this case, it affirmed that the Court “may examine those
aspects that directly refer to the criminal investigations into the facts that have been conducted in Colombia,
exclusively in relation to the rights to judicial guarantees and judicial protection.” Cf. final written arguments of the
State, para. 81.
56
Cf. Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Merits, reparations and costs. Judgment of
August 31, 2001. Series C No. 79, para. 86; the “White Van” (Paniagua Morales et al.) v. Guatemala. Reparations
and costs. Judgment of May 25, 2001. Series C No. 76, para. 50, and Bámaca Velásquez v. Guatemala. Reparations
and costs. Judgment of February 22, 2002. Series C No. 91, para. 15. See also Miguel Castro Castro Prison v. Peru.
Merits, reparations and costs. Judgment of November 25, 2006. Series C No. 160, paras. 183 and 184; Case of
Almonacid Arellano et al. v. Chile, supra note 38, paras. 67, 68 and 69, and Servellón García et al. v. Honduras.
Merits, reparations and costs. Judgment of September 21, 2006. Series C No. 152, para. 34.