II
PROCEEDINGS BEFORE THE COURT
5.
Notifications to the State and the representatives.1 On October 29, 2020, the State and
the representatives were notified in writing that the case had been submitted to the Court.
6.
Brief with pleadings, motions and evidence. – On January 4, 2021, the representatives
presented a brief containing pleadings, motions and evidence (hereinafter “pleadings and
motions brief”), pursuant to the terms of Articles 25 and 40 of the Court’s Rules of Procedure.
They substantially agreed with the Commission’s arguments, but also alleged the violation of
Articles 5(2), 13, 17 and 19 of the American Convention and I d) and XIV of the Inter-American
Convention on the Forced Disappearance of Persons. They asked that Colombia be ordered to
adopt various measures of reparation.
7.
Answering brief. – On May 17, 2021, the State submitted its answering brief regarding
the Commission’s presentation of the case, and the pleadings and motions brief (hereinafter
“answering brief” or “answer”). Colombia partially acknowledged its international responsibility,
in the terms described below (infra Chapter IV). It also submitted an argument it referred to as
a “preliminary objection,” claiming the Court’s lack of jurisdiction over the person, and a prior
question, asking that some of the alleged victims be excluded (infra Chapter V).
8.
Observations on the objection and the acknowledgement of responsibility. – On July 22,
2021, the Commission and the representatives presented their observations regarding the
preliminary objection and the State’s acknowledgement of responsibility.
9.
Public hearing. – On December 8, 2021,2 the President of the Court issued an order calling
the parties and the Commission to a public hearing on the preliminary objection and possible
merits, reparations and costs, which was held in person at the Court’s headquarters in Costa
Rica on February 15, 2022, during the Court’s 146th Regular Session.3
10.
Amicus Curiae. – the Court received three amicus curiae briefs from: a) Diana Marcela
Álvarez Camayo, Lina Marcela Lozano Zúñiga and Aris Gurrute Gracietty; b) Lina Marcela Blanco
Cuero, Pedro Iván Ferreira Escobar, Mario Fabián Libreros Castro, Alejandro Perlaza Gómez and
Norvey Andrés Hernández; and c) Fundación Hasta Encontrarlos.4
11.
Final written arguments and observations. – On March 17, 2022, the State presented its
final written arguments and supporting documentation. The Commission presented its final
written observations on the same day. On March 18, 2022, the representatives presented their
final written arguments and supporting documentation, which were declared inadmissible
The alleged victims are represented by the José Alvear Restrepo Lawyers’ Association (CCAJAR). The State
designated as its agent Camilo Gómez Alzate, Director of the National Agency for the Legal Defense of the State.
2
Cf. Case of Movilla Galarcio et al. v. Colombia. Call to a public hearing. Order of the President of the InterAmerican
Court
of
Human
Rights
of
December
8,
2021.
Available
in
Spanish
at:
https://www.corteidh.or.cr/docs/asuntos/movilla_galarcio_08_12_2021.pdf.
3
The following persons attended the hearing: a) for the Inter-American Commission: Jorge Meza Flores, advisor,
and Carla Leiva, advisor; for the representatives: Yessika Hoyos Morales, attorney; Álvaro Sebastián Saavedra Eslava,
attorney; María Alejandra Escobar Cortázar, attorney, and José Antonio Movilla Vergara, alleged victim, and c) for the
State: Ana María Ordóñez Puentes; attorney; Susana Arango Haupt, attorney, and Leonardo Andrés Romero Mora,
advisor.
4
The first brief deals with freedom of association, the events prior to the disappearance of Pedro Julio Movilla
Galarcio, and the measures taken for the investigation and assessment of his disappearance. The second brief deals
with the facts related to Mr. Movilla’s disappearance, the rights established in the Colombian Constitution and the State’s
correlative obligations to protect them, and possible reparation mechanisms for the victims. The third and last brief,
signed by Pablo Cala, deals with the reparation measures requested by the representatives and the Commission.
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