-6Villarán, Commissioner; Víctor Hugo Madrigal, Juan Pablo Alban, Manuela Cuvi and
Lilly Ching, advisers; b) for the representatives: Tatiana Rincón Covelli, Ana Alverti
and Michael Camilleri, CEJIL lawyers, and Luz Marina Monzón and Carlos Rodríguez
Mejía, lawyers from the Comisión Colombiana de Juristas; and c) for the State:
Eduardo Montealegre Lynett, Agent; Luz Marina Gil, Deputy Agent; Ambassador Julio
Aníbal Riaño Velandia, Héctor Adolfo Sintura Varela, Carlos Rodríguez, Dionisio
Araujo, Advisers, and also Ambassador Clara Inés Vargas Silva and María del Pilar
Gómez and Marta Carrillo, advisers.
32.
On October 14, 2005, on the instructions of the President and in the terms of
Article 45(2) of the Rules of Procedure of the Court, the Secretariat requested the
representatives and the State to provide, by November 3, 2005, at the latest, certain
information and various documents as useful evidence in the case, including:
information on the criminal proceedings underway in the military criminal jurisdiction
and in the ordinary criminal jurisdiction, and on disciplinary proceedings; copies of
birth, marriage and death certificates. Since the State did not submit this
information, on the instructions of the President, the Secretariat reiterated this
request on November 9, 14 and 21, 2005.
33.
On October 19 and 20, 2005, the State, the Commission and the
representatives forwarded their respective final written arguments. With its brief, the
State presented a series of documents relating to the domestic proceedings as
attachments. Since numerous folios of these attachments were illegible or
incomplete, on October 26, 2005, the Secretariat requested the State to re-submit
them as soon as possible. Some of the requested documents were presented by the
State on November 17, 18 and 28, 2005.
34.
On November 3 and 7, 2005, the representatives presented certain
information and a series of documents in response to the request for useful evidence
(supra para. 32). On November 9, 2005, the Secretariat granted the State and the
Inter-American Commission one week to present any comments they deemed
pertinent on these documents. No comments were received.
35.
On December 9, 2005, the Inter-American Commission referred to the
documents presented as attachments to the final arguments brief presented by
Colombia (supra para. 33) and requested that they should not be incorporated into
the case file or taken into consideration as evidence. On December 15, 2005, on the
instructions of the President, the Secretariat granted a non-extendible period until
December 21, 2005, for the Inter-American Commission and the representatives to
submit any comments they deemed pertinent on the documents presented by the
State as attachments to their final arguments and informed them that the Court
would consider the Commission’s request when it delivered the corresponding
judgment (infra paras. 75 and 76).
36.
On December 21, 2005, the Commission presented its comments on the
probative nature and admissibility of the documents presented as attachments to
the final arguments brief submitted by Colombia (supra paras. 33 and 35), and also
a series of arguments de facto and de jure on the merits of the case.
37.
On December 21, 2005, Colombia presented a brief in which it made a series
of statements with regard to the Commission’s brief of December 9, 2005, and the
Secretariat’s note of December 15, 2005, concerning the documents presented as
attachments to the final arguments brief (supra para. 35). The State also submitted
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