in the absence of clarification, appropriate punishment and reparation
for the events (see supra III A), the State understands it to be a
reference to the sentence imposed to a member of the National Army by
the Second Criminal Court of Brigade. In this regard, it responds that
the Commission lacks competency to act as a court of fourth instance
and that it is only competent to declare a petition admissible when it
relates to a court ruling that was issued without due process or in
violation of rights guaranteed in the Convention, and not when it merely
states that the ruling is unjust or wrong in itself. The State argues that
this sentence imposed to a member of the National Army can not be
disqualified as a judicial act by bodies of the Inter-American Human
Rights System.
27.
The State notes that a disciplinary investigation on the
facts of the petition before the Office of the Attorney General under file
number 008-20363, 1998, in which the preliminary inquiry was
launched on September 4, 1995 and was closed due to statute of
limitation on September 27, 2000.
28.
It also indicates that a direct reparation process is before
the Contentious Administrative Tribunal of Santander for the alleged
arrest and subsequent death of Wilfredo Quiñonez and Jose Gregorio
Romero, which is on its evidentiary period. It indicates that the
Directorate of Human Rights and the DIH have requested to the Office
of the Attorney General to study the possibility of forming a special
agency in this process.
29.
Furthermore, the State argues that the petition was not
filed within a reasonable period and argues that the facts alleged in the
petition date back to 1995 and were heard by Military Criminal Justice
that same year. It argues that the petition was filed 10 years after
Military Criminal Justice took the case, which is not a reasonable time
12
. The State argues that reasonable time should also address the
circumstances of the particular case and the date on which the violation
occurred, according to Article 32.2 of the Rules of the Commission. It
notes that the petition for the death of Wilfredo Quiñonez could have
been filed at the time that the military courts began to hear the case if
12 To support its argument the State cites two reports in which the IACHR declares the
inadmissibility of the petition in light that the time period was not reasonable: IACHR
Report No. 20/02, Inadmissibility, petition 11.627, Santos Hernan Galeas Gonzalez,
Honduras, February 27, 2002, paragraph 28, and Report No. 85/05, petition 430/00,
Inadmissibility Romeel Eduardo Diaz Luna, Peru, October 24, 2005, paragraph 27.
Note GOI/33.888/1872 of Colombia’s Ministry of Foreign Relations dated August 9,
2006.