82
96.176
The Corporación Colectivo de Abogados “José Alvear Restrepo” and the
Center for Justice and International Law (CEJIL) have incurred expenses in
connection with processing of the instant case before the bodies of the InterAmerican System for the Protection of Human Rights, representing some of the next
of kin of the alleged victims.178
IX
INTERNATIONAL RESPONSIBILITY OF THE STATE
97.
Pleadings of the State
a) the State has acknowledged its international responsibility for the violation of
Articles 4(1), 5(1), 5(2), 7(1) and 7(2) of the Convention, in connection with
the facts mentioned in section B of Chapter VI of the application filed by the
Commission. Nevertheless, taking into account the content of domestic
rulings, it argues that said responsibility derives from irregular actions by its
agents and not from a policy of the State or of its Institutions;
b) with regard to the facts in Mapiripán, several members of the Colombian
military forces were convicted by regular courts and disciplinarily punished,
and these findings are the basis for the acknowledgment of responsibility of
the State, as the members of the Security Forces are undoubtedly agents of
the State and therefore their acts or omissions are attributable to it. What
the State does not accept is attributing to it the acts of the self-defense
groups, as the Inter-American Commission argues in the application.
Attributing the acts of members of said self-defense groups to the State as if
they were its agents and arguing that the State incurs international
responsibility for those acts would be contrary to International Law;
c) with regard to the responsibility of the State and its attribution under
International Law:
i.
international responsibility derives from the abridgment of an
international obligation, whatever its origin, whether in a treaty, in
customary law, or otherwise (such as a unilateral act by a State),
insofar as the violation is attributable to the State.
ii.
the Convention establishes the primary rules, that is, the law
regarding the content and duration of the substantive obligations of
the State, while the law regarding the responsibility of the State
Roland Andrés Valencia Sanmiguel Gustavo Caicedo Contreras on February 16, 2005 (file with statements
rendered before or authenticated by a notary public), and sworn statement rendered by expert witness
Ana Deutsch on February 15, 2005 (file with statements rendered before or authenticated by a notary
public, pages 4584, 4588, 4592 to 4598, 4606, 4607 and 4609).
178
See vouchers of costs and expenses incurred by the Corporación Colectivo de Abogados “José
Alvear Restrepo” and by the Center for Justice and International Law (appendixes to the final pleadings of
the representatives, appendix 4, pages 5408 to 5661).
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos