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their right to honor owing to declarations made against them by senior State officials.
The State has not acknowledged the alleged violation of Articles 5 and 22 of the
Convention in relation to the alleged exile undergone by Iván Cepeda, María Cepeda
and Claudia Girón. Consequently, the Court notes that the dispute between the parties
subsists in relation to the facts and the legal claims concerning these alleged violations
of the Convention; therefore it must rule in this regard.
21.
In addition, the State partially acknowledged its responsibility for the violation
of Articles 8, 25 and 1(1) of the Convention, by accepting that “the investigation had
exceeded a reasonable time and the masterminds of Manuel Cepeda’s death had still
not been identified.” Nevertheless, some aspects remain in dispute between the
parties, in particular regarding the alleged ineffectiveness of the disciplinary and
administrative-law proceedings; the due diligence in the criminal investigations and the
alleged obstacles to the investigation owing to the demobilization of members of the
paramilitary groups, and these will be analyzed by the Court. Furthermore, a dispute
continues with regard to the alleged violation of Article 2 of the Convention.
22.
Regarding the claims for reparations, the State accepted that the presumed
victim and his next of kin are the injured parties, recognized its obligation to make
reparation for the violations acknowledged, indicated some measures that it had taken
or that it offers to take and, also, asked that this Court take into a account the
reparations awarded to some of the next of kin in the domestic sphere. However, the
Commission and the representatives questioned some aspects of the results obtained
in this regard, so that the dispute subsists in relation to all the other forms of
reparation requested by the Commission and the representatives. Hence, the Court
will make the necessary ruling.
23.
Accordingly, the Court finds it must deliver a judgment in which it determines
the facts and all the subsisting aspects of the merits and possible reparations, as well
as the corresponding consequences, because the delivery of the judgment helps make
reparation to the next of kin of Manuel Cepeda Vargas, avoid a repetition of similar
facts and, in brief, satisfy the purposes of the inter-American jurisdiction on human
rights.22
III
PRELIMINARY OBJECTIONS
24.
The State filed four preliminary objections and indicated that the purpose of the
first two was to “limit the factual framework of the instant case” in order to exclude
from the Court’s analysis “all the facts that are pending a decision in the case of the
Patriotic Union,” particularly the alleged systematic pattern of violence against its
members. The Court will therefore examine the first two objections together; it will
then do the same with the remaining two objections.
25.
The Commission stated that it was contradictory to make an acknowledgement
of responsibility, while simultaneously questioning the Court’s jurisdiction to rule on
the case by filing preliminary objections. The representatives considered that, in the
instant case, there was no inconsistency between these procedural actions because
22
Cf. “Mapiripán Massacre” v. Colombia. Merits, reparations and costs. Judgment of September 15, 2005.
Series C No. 134, para. 69; Case of Kimel v. Argentina, supra note 15, para. 28, and Bueno Alves v. Argentina.
Merits, reparations and costs. Judgment of May 11, 2007. Series C No. 164, para. 35.