14
*
*
*
54.
Keeping in mind its attributes as an institution responsible for the supervision of the
most complete protection of human rights, as well as the context in which the facts of the
present case occurred, the Tribunal deems it necessary to issue a Judgment in which the
facts and every element of the merits of the case, and the corresponding consequences are
determined. This Judgment will constitute a form of redress for the victims’ next of kin, a
contribution to preservation of historical memory, a method for avoiding that similar events
be repeated, and a means of satisfying, in sum, the objectives of the Inter-American
System for Human Rights.19 Therefore, without prejudice to the scope of the
acknowledgment of responsibility made by the State, the Court deems it appropriate to
assess the facts of the present case, both those acknowledged by Colombia as well as the
others included in the application. Moreover, the Court deems it necessary to make some
findings regarding the manner in which the violations occurred, within the context and
circumstances of the case, as well as the determination of the scope of some of the
obligations established in the American Convention. This analysis will be undertaken in the
corresponding sections. In these sections the Court will also analyze the facts, the merits,
and the reparations of the remaining controversy over the extent of the State’s international
responsibility.
V
EVIDENCE
55.
As established in Articles 44 and 45 of the Rules of Procedure and the Tribunal’s
jurisprudence with regard to evidence and its assessment,20 the Court will proceed to
examine and assess the documentary elements of evidence presented by the Commission,
the representatives, and the State at several procedural stages. It will also examine and
assess the documentary evidence submitted as evidence to facilitate adjudication of the
case requested by the President and the Court, as well as the testimonial statements and
expert opinions offered through affidavit, written sworn statements, or in public hearing
before the Court. To this end, the Tribunal will follow the principles of reasoned judgment,
within the corresponding legal framework.21
A)
DOCUMENTARY EVIDENCE, TESTIMONIES, AND EXPERT OPINIONS
56.
With regard to the documentary evidence, the following witnesses proposed by the
representatives presented written statements before a notary public on the extrajudicial
killings of their next of kin, the search for justice and the alleged impunity in the case, their
19
Cf. Case of La Cantuta, supra note 8, para. 57; Case of Vargas Areco, supra note 8, para. 66; Case of
Goiburú et al., supra note 11, para. 53, and Case of Servellón García et al. Judgment of September 21, 2006.
Series C No. 152, para. 78.
20
Cf. Case of La Cantuta, supra note 8, para. 59; Case of Nogueira de Carvalho et al. Judgment of
November 28, 2006. Series C No. 161, para. 55; Case of the Dismissed Congressional Employees (Aguado Alfaro et
al.), supra note 16, para. 80; and Case of Almonacid Arellano e al., supra note 16, para. 66 to 69.
21
Cf. Case of La Cantuta, supra note 8, para. 59; Case of Nogueira de Carvalho et al., supra note 20, para.
62; Case of the Dismissed Congressional Employees (Aguado Alfaro et al.), supra note 16, para. 80; and Case of
Goiburú et al., supra note 11, para. 55.
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