7 34. On March 7, 2005 the State filed a brief, in which it said: [...] based on the decisions issued by the domestic judicial and disciplinary authorities and due to the facts stated in section B of Chapter VI “The Facts of July 1997” of the application filed by the Inter-American Commission on Human Rights [...] 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 maintains the second Preliminary Objection regarding non-exhaustion 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 in July 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 in July 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. 5. It specifies that this declaration by the State does not entail an assessment or appraisal of individual criminal liabilities. 35. The public hearing on preliminary objections and on the acknowledgment of responsibility by the State was held on March 7, 2005, and the representatives, the Commission and the State were present at this hearing. There appeared before the Court: a) on behalf of the Inter-American Commission: Víctor H. Madrigal Borloz and Juan Pablo Albán, legal advisors, and Verónica Gómez, legal advisor; b) on behalf of the representatives: Rafael Barrios Mendivil and Eduardo Carreño, and Jomary Ortegón, from the Corporación Colectivo de Abogados “José Alvear Restrepo”; and Viviana Krsticevic and Roxana Altholz, of the Center for Justice and International Law, and c) on behalf of the State: Luz Marina Gil García, Agent; Dionisio Araujo, Deputy Agent; Héctor Adolfo Sintura Varela, legal advisor; and Sonia Pereira and Margarita Manjarrez, legal advisors. 36. At the outset of the public hearing, the parties stated their positions and comments on the acknowledgment of responsibility by the State and the preliminary objections. In this regard, the Commission highlighted the willingness expressed by the State and appreciated the importance of its statement, as it constitutes a step toward fulfillment of its international obligations. It also expressed its special appreciation for the words expressed in remembrance of the alleged victims and to apologize to their next of kin and to Colombian society. On the other hand, it deemed that the merits stage should remain open, to address all the factual and legal arguments of the representatives and of the Commission, and the responsibility of the State regarding all the identified and unidentified individuals, mentioned as

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