while the Truth Commission indicated that “[t]he insane taking of the temple of justice by
the M-19 guerrilla movement and the disproportionate reaction of the State’s Armed Forces
and Police truly constitute one of the most egregious and disturbing attacks on the
institutional framework of the long history of violence experienced by Colombia.” 86
81. This Court underscores that the international jurisdiction is complementary and
reinforcing in nature and that it does not perform the functions of a court of “fourth
instance.” 87 In addition, it recalls that, contrary to a criminal court, it is not necessary to
prove the State’s responsibility beyond any reasonable doubt in order to establish that a
violation of the rights recognized in the Convention has occurred, or to identify, individually,
the agents to which the violations are attributed. This Court must be convinced that acts or
omissions that can be attributed to the State have occurred that have permitted the
perpetration of those violations, or that the State had an obligation with which it failed to
comply. Thus, for an international court, the criteria for assessing the evidence are less rigid
that under the domestic legal system and the Court is able to assess the evidence freely. 88
The Court must assess the evidence in a way that takes into account the gravity of
attributing international responsibility to a State and that, despite this, establishes the truth
of the alleged facts in a convincing manner. 89
82. Bearing in mind these considerations, in this chapter, the Court will establish the facts
of the case, based on the facts submitted to its consideration by the Commission and taking
into consideration the body of evidence in the case, especially the domestic judicial
decisions and the conclusions of the Truth Commission, as well as the motions and
arguments brief of the representatives and the arguments of the State. The Court recalls
that, in accordance with Article 41(3) of the Rules of Procedure, 90 it may consider those
facts that have not been expressly denied and those claims that have not been expressly
contested as accepted, without this meaning that it will automatically consider them
accepted in all cases in which they are not opposed by one of the parties, and without an
assessment of the specific circumstances of the case and of the body of evidence. The
silence of the defendant or any elusive or ambiguous answers may be interpreted as an
acceptance of the facts in the Merits Report while the contrary does not emerge during the
proceedings or as a result of the Court’s conclusions. 91
83. The Court will refer to the events related to the alleged violations in this case in the
following order: (A) the background to the taking of the Palace of Justice; (B) the events of
86
Informe de la Comisión de la Verdad sobre los hechos del Palacio de Justicia, 2010 (hereinafter “Report of the
Truth Commission”) (evidence file, folio 419).
87
The preamble to the American Convention affirms that the international protection “reinforce[s] or
complement[s] the protection provided by the domestic law of the American States.” See also, The effect of
Reservations on the Entry into Force of the American Convention on Human Rights (arts. 74 and 75). Advisory Opinion
OC-2/82 of September 24, 1982. Series A No. 2, para. 31; The Word "Laws" in Article 30 of the American Convention
on Human Rights. Advisory Opinion OC-6/89 of May 9, 1986. Series A No. 6, para. 26, Case of Velásquez Rodríguez v.
Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 61, and Case of Mémoli v. Argentina. Preliminary
objections, merits, reparations and costs. Judgment of August 22, 2013. Series C No. 265, para. 140.
88
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, paras. 127 and
128, and Case of J. v. Peru. Preliminary objections, merits, reparations and costs. Judgment of November 27, 2013.
Series C No. 275, para. 305.
89
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 129, and
Case of J. v. Peru. Preliminary objections, merits, reparations and costs. Judgment of November 27, 2013. Series C
No. 275, para. 305.
90
Article 41(3) of the Court’s Rules of Procedure establishes that “[t]he Court may consider those facts that have
not been expressly denied and those claims that have not been expressly contested as accepted.”
91
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 138, and
Case of J. v. Peru. Preliminary objection, merits, reparations and costs. Judgment of November 27, 2013. Series C No.
275, para. 51.
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