rights violations are continuing in relation to judicial protection and legal
guarantees, thus it is not pertinent to consider that the petition was not
filed within a reasonable time8.
B.
Position of the State
20.
In response to the claim of the petitioners, the State sought a
declaration of inadmissibility. First it claims that it has not been filed
within a reasonable time, and that its filing exceeds the six-month
period provided for in Article 46.1.b of the American Convention. The
State argues that criminal proceedings had been resolved before Military
Criminal Justice and believes that, should the petition be declared
admissible, the Commission would be acting as the fourth international
forum9.
21.
On the facts, the State refers to the first instance ruling of
the Second Court of Brigade. Specifically, it argues that on September
4, 1995, at about midnight, intelligence information was received on
Aguabarranca’s military base, located in the city of Barrancabermeja,
according to which a group of people were robbing and extorting the
occupants of vehicles traveling on the road that leads from
Barrancabermeja to "Llanito”.
22.
They note that in response a patrol went through the
internal “Fertilizantes” road, while the second went around the elevated
bridge all the way to La Paz neighborhood. They claim that the troops
detected the presence of an individual who was riding a bicycle, who
upon seeing the Army two vehicles abandoned the bike and fled towards
“Fertilizantes” road. It points out that faced with this, the patrollers gave
ordered him to stop several times, but Mr. Quiñonez did not obey, so
shot several shots into the air to intimidate him. They point out that he
did not stop and took a shot against the military, so the troops reacted
and killed him.
23.
The State argues that the witness Angel María Noriega –
whom the petitioners refer to in order to explain the circumstances in
which Wilfredo Quiñonez died - never identified Wilfredo Quiñonez, José
8 The petitioners add that the State alleges fraud to demonstrate a supposed
inadmissibility of the petition, since it argues that the lack of competency of military
jurisdiction might be considered – without having done anything for over 10 years to
correct it. Observations Writ of the petitioners dated June 7, 2007, page 7.
9 Note GOI/33.888/1872 of Colombia’s Ministry of Foreign Relations dated August 9,
2006 and Note GOI/39754/2112 of Colombia’s Ministry of Foreign Relations dated
August 10, 2007, pages 7-10.