Merits Report had been implemented effectively, and that any possible inter-American public
interest was not, in itself, sufficient reason for the matter to be heard. The State further
contended that subjecting the State to the Court’s jurisdiction, despite the fact that it had
complied fully with the Commission’s recommendations, went against the logic of the InterAmerican System. Consequently, it asked the Court to take its observations into account when
assessing the admissibility and merits of the case. The State also argued that, in keeping with
the principle of complementarity, another reason that the State was not responsible was
because Resolution 1088 had been revoked.
19.
The Commission affirmed that the decision to submit a case to the Court was within
the scope of its autonomy, and that the State’s argument was not a preliminary objection. It
further argued that cases were referred in strict compliance with Article 35 of the Court’s
Rules of Procedure, and Article 45 of the Commission’s Rules of Procedure. It also said that,
as stated in its note of referral, the case had been submitted to the Court due to the need to
obtain justice and comprehensive reparation for the victims, as well as the public order issues
involved. Furthermore, contrary to what the State had asserted, the Commission held that
the recommendations made in the Merits Report had not been complied with in full, the State’s
efforts notwithstanding. The Commission also argued that, in order for the State not be held
legally responsible based on the principle of complementarity, the State would have to
recognize the international violation, and a ruling be issued on whether the violation had
ceased, and reparation had been made. Neither applied in the instant case. The Commission
therefore asked the Court to reject the State’s arguments.
20.
The representatives did not present arguments with regard to this matter.
B. Considerations of the Court
21.
The Court recalls that, in accordance with its case law, it will only consider as
preliminary objections those arguments that have, or that might have exclusively those
characteristics, in terms of their content and purpose; that is, if favorably resolved, they would
prevent the continuation of the proceedings or a ruling on the merits. 7 The Court has
consistently held that through a preliminary objection, matters are raised concerning the
admissibility of a case or the Court’s jurisdiction to hear a specific case or of one of its aspects,
owing to the person, matter, time or place. 8 Accordingly, regardless of whether the State
defines an approach as a “preliminary objection,” if these arguments cannot be considered
without previously analyzing the merits of a case, they cannot be examined by means of a
preliminary objection. 9
22.
In relation to this case, the Court notes that the State’s arguments raised as
preliminary objections question the following: a) the alleged victims’ participation in the case,
and whether they are correctly represented; and b) whether the effects of the alleged
violations of the alleged victims’ human rights warrant analysis by this Court. The Court holds
that the arguments raised by the State refer to compliance with the formal requirements for
Cf. Case of Cepeda Vargas v. Colombia. Preliminary objections, merits, reparations and costs. Judgment of
May 26, 2010. Series C No. 213, para. 35; and Case of Petro Urrego v. Colombia. Preliminary objections, merits,
reparations and costs. Judgment of July 8, 2020. Series C No. 406, para. 32.
7
Cf. Case of Las Palmeras v. Colombia. Preliminary objections. Judgment of February 4, 2000. Series C No.
67, para. 32, and Case of Petro Urrego v. Colombia, supra, para. 32.
8
Cf. Case of Castañeda Gutman v. Mexico. Preliminary objections, merits, reparations and costs. Judgment of
August 6, 2008. Series C No. 184, para. 39; and Case of Petro Urrego v. Colombia, supra, para. 32.
9
7