The State asked the Court to “establish the amounts it considers appropriate” with regard to
the requests for compensation for pecuniary and non-pecuniary damage and reimbursement
of costs and expenses, but it maintained that some of the claims for damages lacked a
causal nexus or supporting evidence.
26.
Taking into consideration that several issues remain in dispute with regard to some
of the facts that constitute alleged violations of Articles 5, 13, 22, 19, 8(1), 25, 4 and 11 of
the Convention, as well as the determination of appropriate measures of reparation, the
Court finds it necessary to deliver a judgment in which it determines the facts that occurred,
specifies the scope of the violations recognized, and rules on the issues still in dispute. In
addition, the Court emphasizes that such a judgment contributes to making redress to the
victims, to avoiding the repetition of similar events and, in sum, to achieving the purposes
of the inter-American human rights jurisdiction.18
IV
PRELIMINARY OBJECTION
The Court’s alleged lack of competence to examine facts or claims included in the
Merits Report “that do not comply with the requirements of the Convention or the
Rules of Procedure”
A) Arguments of the State and observations of the representative and the
Inter-American Commission
27.
In the answering brief, the State argued as a preliminary objection “the lack of
competence of the […] Court to examine and admit facts or claims included within the
factual framework of the Merits Report presented by the Commission when submitting the
case that do not comply with the requirements established in the Convention.” Colombia
stated that it “respects the independence, autonomy, and broad powers of the […]
Commission to assess the evidence,” but that, in this case, the said organ declared that
some of the facts were proved “owing to an incorrect assessment of documents provided as
evidence of their existence and circumstances.” In this regard, the State set out the reasons
why it considered that the Commission “incorrectly assessed the evidence” regarding two
aspects of the factual determinations of the Merits Report: (a) the determination that the
presumed threats, harassment, and attempted kidnapping suffered by Mr. Vélez Restrepo
involved State agents and had a causal nexus with what happened on August 29, 1996, and
the subsequent actions aimed to obtain justice, and (b) the description of the injuries
presumably suffered by Mr. Vélez Restrepo on August 29, 1996. The State asked the Court
to effect “a control of legality” in order to ensure that the factual framework of the Merits
Report does not constitute a factor of procedural inequality for the State and, consequently,
to “declare itself incompetent to examine those facts incorrectly determined by the
Commission.” Colombia emphasized the importance of this issue, taking into account that
this is “the factual framework on which the brief with pleadings, motions and evidence is
based […] in order to determine the presumed violations and, thus, the claims for
compensation.”
28.
The representative observed that “[t]he proven facts in a case and the violations
derived from them are matters that relate to the proceedings on merits in the case, and are
not a preliminary objection.”
18
Cf. Case of Tiu Tojín v. Guatemala. Merits, reparations and costs. Judgment of November 26, 2008. Series
C No. 190, para. 26, and Case of the Kichwa Indigenous People of Sarayaku v. Ecuador. Merits and reparations,
para. 28.
12