-9place regarding the facts, [which] the Commission “did not […] take into
account when it brought the case before the Court”;
e) the State fulfilled all the requirements and parameters established by the
Court with regard to the procedural condition regarding exhaustion of
domestic remedies. The Commission’s response to this Preliminary Objection
asserts that it is merely a disagreement regarding the way in which Article 46
of the Convention was interpreted;
f) when the case was submitted to the Court there was already a June 18, 2003
judgment that sentenced the mastermind of the massacre to 40 years in
prison and three members of the army to 30 to 40 years in prison; and on
September 30, 2003 the main perpetrator of the massacre was sentenced to
40 years in prison;
g) domestic remedies are comprehensive in nature and they satisfy the need for
access to justice, not only regarding criminal matters, but also with regard to
reparations;
h) domestic justice has operated in this
in mind the complexity of the case,
next of kin, and the possibility
administrative law jurisdiction to seek
i)
case within a reasonable term, bearing
the domestic remedies, actions by the
of the alleged victims resorting to
the respective compensation; and
if the Court deems that the Preliminary Objection is in order, the Court would
lose competence to decide on the compensations, but the State would be able
to make these reparations in accordance with its domestic legislation.
IV
COMPETENCE
24.
The Court is competent, pursuant to Article 62(3) of the Convention, to hear
the instant case, in view of the fact that Colombia has been a State Party to the
American Convention since July 31, 1973, and it acknowledged the adjudicatory
jurisdiction of the Court on June 21, 1985.
V
PRELIMINARY OBJECTIONS AND ACKNOWLEDGMENT OF RESPONSIBILITY
25.
The State has withdrawn the first Preliminary Objection regarding
“inappropriate application of Articles 50 and 51 of the American Convention” and has
ratified its second Preliminary Objection regarding non-exhaustion of domestic
remedies.
26.
The State has, in turn, acknowledged its international responsibility for the
abridgment of Articles 4(1), 5(1), 5(2), 7(1) and 7(2) of the American Convention on
Human Rights, in connection with the facts mentioned in section B of Chapter VI of
the application filed by the Commission.
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