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.
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