22. The State concludes on this point that in effect the military criminal courts had jurisdiction to take cognizance of the facts that are the subject matter of the claim, given that active-duty members of the military were put on trial, that the circumstances in which Gustavo Villamizar lost his life were directly related to a legitimate military task, and that they acted in legitimate self-defense. The State indicates that the fact that the judgment of the military criminal justice system absolved the members of the military who were put on trial of any liability cannot be considered to constitute a violation of the American Convention. 23. With respect to the petitioners’ argument that evidence favorable to the alleged victim was not weighed, the State argues that the evidence pointed out by the petitioners as not weighed not only appear in the record of the criminal proceeding, since the 124 th Court took cognizance of it, but that in addition they were weighed by the judge. In that regard, the State concludes that the decisions were duly motivated and grounded in the law in force, respected judicial guarantees, and therefore are legitimate judicial acts under international law. 24. Second, as regards the alleged violation of Articles 4 and 5 of the American Convention, the State performs an analysis based on the four criteria developed by the Inter-American Court for determining when the use of force by members of the security bodies of the State is legitimate, namely: 1. 2. 3. 4. Exceptionality, necessity, proportionality and humanity. Existence of a legal framework to regulate the use of force. Planning of the use of force - education and training of state armed forces and security agencies. Appropriate control and verification of the legitimacy of the use of force.14 14 The State makes reference to I/A Court H.R., Zambrano-Vélez et al. v. Ecuador Case. Merits, Reparations and Costs. Judgment of July 4, 2007. Series C No. 166, paras. 82-90. Note DDH.GOI No. 23826/1221 of the Bureau of Human Rights and International Humanitarian Law, Ministry of Foreign Relations of the Republic of Colombia, June 1, 2009. 9

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