8 27. On May 30, 2001, the Court ordered exhumation of the mortal remains of the alleged deceased Hernán Lizcano Jacanamejoy and NN/Moisés. On June 15, 2001, the President ordered appointment of Mr. Daniel Michael O´Donnell to represent the Court at the exhumation. The exhumation proceeding and the subsequent examination of Lizcano Jacanamejoy’s remains took place June 24 to 30, 2001. The archeological report on the excavation at the Mocoa Cemetery in Putumayo and the report on the anthropological analysis and forensic examination of Hernán Lizcano Jacanamejoy‘s remains were received on August 14 and 21, 2001, respectively. 28. The report containing the anthropological analysis and forensic examination recommended that studies be done of the gunshot residue found among the remains of Hernán Lizcano Jacanamejoy, using inductively coupled plasma mass spectometry. The Court followed the experts’ recommendation and on September 7, 2001, ordered the testing suggested. It also ordered that the tests be done by the experts from the Technical Investigations Corps with the Office of the Prosecutor General of Colombia. On September 28, 2001, the Commission stated that it believed that Mr. Héctor Daniel Fernández should be present for the procedure as an “observer.“ That same day, the Secretariat informed the Commission that the President had authorized “Mr. Héctor Daniel Fernández’ participation as an observer to the testing procedures.” On October 22, 2001, the expert report was submitted containing the results of the tests done on the bullet residue found among Hernán Lizcano Jacanamejoy’s mortal remains. 29. On November 2, 2001, the Commission submitted to the Court its brief of final arguments, which includes, as an appendix, an “expert report” signed by Mr. Héctor D. Fernández concerning the tests done on Mr. Hernán Lizcano Jacanamejoy’s mortal remains using “atomic absorption spectometric analysis.” On November 13, 2001, the State submitted its comments on that “expert report,“ within the time period set by the President. The brief of final arguments consists of two main chapters: the first argues that Colombia is responsible for the death of Hernán Lizcano Jacanamejoy; the second asserts that the State violated the seven victims’ right to judicial protection. In the first chapter, the Commission examines the anthropological report and forensic report concerning the gunshot residue, and Mr. Fernández’ “expert report.” The latter clearly states that “Hernán Lizcano Jacanamejoy was ‘in a kneeling position’ at the time he was shot. The brief then attacks the testimony in the case file and in the court records attached thereto, to the effect that the victim died in combat. The Commission argues that by its failure to properly investigate Lizcano Jacanamejoy‘s death, the State is responsible for his death. Finally, the Commission argues that the way in which Lizcano Jacanamejoy was killed was similar to the method that Colombian security forces were using at that time. The second chapter examines the problems and obstacles put up by the State in terms of the evidence needed to illuminate the facts, the way in which the investigations were manipulated, the intimidation of the victims’ next of kin and the performance of the military justice system. The Commission states the following in this regard: