-49.
On August 22, 2003, after two extensions had been granted, the State
submitted its reply regarding the steps taken to comply with the recommendations
made in Report 38/03.
10.
On September 5, 2003 the Inter-American Commission decided to bring the
instant case before the jurisdiction of the Court.
III
PROCEEDING BEFORE THE COURT
11.
On September 5, 2003 the Commission filed the application before the Court.
12.
On February 2, 2004 the Center for Justice and International Law and the
Colectivo de Abogados “José Alvear Restrepo” (hereinafter “the representatives”)
filed their written brief containing pleadings, motions, and evidence (hereinafter
“brief containing pleadings and motions”).
13.
On April 2, 2004 the State filed its brief with preliminary objections and the
reply to the application. The preliminary objections filed by the State referred to the
following:
1.
Inappropriate application of Articles 50 and 51 of the Convention. Decision to
submit the case to the Court taken too far in advance.
2.
The Commission disregarded the Colombian State’s Objection regarding nonexhaustion of domestic remedies.
14.
On May 19, 2004 the Commission and the representatives filed their written
pleadings with regard to the preliminary objections.
15.
On January 28, 2005 the President of the Inter-American Court of Human
Rights (hereinafter “the President” or “the President of the Court”) issued an Order
to:
[s]ummon the Inter-American Commission, the representatives, and the State to a
public hearing that w[ould] take place at the seat of the Inter-American Court beginning
on March 7, 2005 […] hear their final oral pleadings on the preliminary objections and
possible merits, reparations and costs in the instant case, as well as the statements of
the […] witnesses and expert witness [offered by the parties].
16.
On February 18, 2005 the President issued an Order, in operative paragraph
four of which he decided to:
[o]rder Gustavo Morales Marín to appear at a public hearing on preliminary objections
and possible merits, reparations, and costs in the instant case to be held beginning on
March 7, 2005 […], at the seat of the Inter-American Court. Gustavo Morales Marín will
testify on “the institutional policy of struggle against impunity and especially in cases of
grave violations of human rights.”
17.
On March 4, 2005 the State submitted a brief in which it pointed out that:
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