7
23.
On November 11, 1999, Colombia submitted its rebuttal to the Court. There
it argued that the new statements that the Commission added in its reply brief are
not in response to the State’s reply to the original application and are intended to
reformulate the petitions set out in chapter X of the application. For the State,
therefore, the original pleadings will continue to dictate the subject matter of the
dispute. It added that it was unclear why a single mechanism had to be found within
the internal system in order to satisfy the exigencies of the inter-American system
for the protection of human rights. Quite the contrary, when faced with a possible
violation, States should order all necessary measures to set in motion the proper
mechanisms to ensure the observance of the rights under discussion and make any
reparation it may owe. It also pointed out that in 1994, in another case separate
from the one sub judice, Colombia’s Constitutional Court recognized the plaintiffs’
right to have recourse to the military criminal justice system. It also noted that in
the proceedings that the military criminal justice system has underway petitions to
become civil parties to the case have been granted. Finally, it added that the
Commission’s analyses and conclusions with respect to Hernán Lizcano Jacanamejoy
and NN/Moisés are helpful to the State authorities.
24.
On February 4, 2000, the Court delivered its judgment on the preliminary
objections entered by the respondent State.2
25.
On April 23, 2001, the President decided to summon the parties to a public
hearing, which would be held at the seat of the Court on May 28, 2001, to hear the
parties’ witnesses and experts.
26.
The public hearing was held at the seat of the Court on the date planned.
There appeared:
For the Republic of Colombia:
Marcela Briceño-Donn, agent; and
Héctor Adolfo Sintura Varela, alternate agent.
For the Inter-American Commission on Human Rights:
Robert K. Goldman, delegate;
Verónica Gómez, advisor;
Viviana Krsticevic, assistant;
Luz Marina Monzón Cifuentes, assistant;
Carlos Rodríguez Mejía, assistant; and
Roxana Altholz, assistant.
The witnesses and experts tendered by the parties also appeared.
2
In its Judgment on the preliminary objections, the Court decided to admit the second and third
preliminary objections entered by Colombia (supra, note 1) and thus resolved that the Commission and
the Court did not have competence to determine whether a given act was in violation of the 1949 Geneva
Conventions or other treaties other than the American Convention. On the other hand, it dismissed the
objections entered with respect to violation of due process, failure to exhaust domestic remedies and the
lack of competence of the Court to act as a trial court for individual facts. See: Las Palmeras Case,
Preliminary Objctions. Judgmentt of February 4, 2000. Series C. No. 67.