6
30.
On February 18, 2005 the President issued an Order in which he accepted the
partial withdrawal by the State of the offer to present Manuel José Bonnet Locarno
and Harold Bedoya Pizarro as witnesses. He also accepted the State’s proposal to
substitute Camilo Osorio Isaza with Gustavo Morales Marín and ordered the latter to
appear as a witness at the public hearing on preliminary objections and merits,
reparations, and costs that had been summoned (supra para. 25). The President
also ordered the State to submit, no later than February 25, 2005, all the
information it had regarding the probatory steps ordered on July 30, 2004 by the
Specialized Prosecutor of the Human Rights and International Humanitarian Law Unit
of the Government Attorney’s Office of Colombia; the steps taken in Mapiripán and in
the Guaviare River regarding identification of the alleged victims and the filing of
complaints by the townspeople; as well as the steps regarding change of the court
for the proceeding and the hearing that was taking place before the Ninth Criminal
Court of the Specialized Circuit Bogotá against retired General Jaime Humberto
Uscátegui for his alleged participation in the alleged massacre; specifically,
information regarding the “methodology and outcome of the steps taken in the
Guaviare River and Mapiripán.”
31.
On February 23, 2005 the State appointed Dionisio Araujo as its Deputy
Agent and Héctor Adolfo Sintura Varela, Sonia Pereira and Margarita Manjarrez as its
advisors.
32.
On March 4, 2005 the State submitted its comments on the sworn statements
submitted by the representatives (supra paras. 25 and 29).
33.
On March 4, 2005 the State filed a brief, in which it pointed out that:
[...] based on the decisions issued by the domestic judicial and disciplinary authorities
and due to the facts that took place in the municipality of Mapiripán between July 15 and
20, 1997, [...] it publicly and explicitly states the following:
1. With regard to the Preliminary objections raised by the State:
•
It withdraws the first Preliminary Objection regarding undue application of
Articles 50 and 51 of the American Convention, and
•
It ratifies and maintains the second Preliminary Objection regarding nonexhaustion of domestic remedies, filed by the Colombian State.
2. It acknowledges its international responsibility for violation of Articles 4(1), 5(1) and
[5](2), and 7 (1) and [7](2) of the American Convention on Human Rights, in connection
with the facts that took place in Mapiripán between July 15 and 20, 1997.
3. It reasserts as its State policy that of promoting and protecting human rights and it
expresses its deep respect and sympathy for the victims of the facts that took place in
Mapiripán between July 15 and 20, 1997, and remembering them it expresses its regret
and apologizes to their next of kin and to Colombian society.
4. It asks the […] Court to take this acknowledgment into consideration and give it full
legal effect, therefore limiting the hearings on the merits and the subsequent proceeding
to the study of reparations and costs, as well as to pleadings on the merits regarding
compliance by the State with its treaty commitments in connection with Articles 8(1)
and 25.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos