7
34.
On March 7, 2005 the State filed a brief, in which it said:
[...] based on the decisions issued by the domestic judicial and disciplinary authorities
and due to the facts stated in section B of Chapter VI “The Facts of July 1997” of the
application filed by the Inter-American Commission on Human Rights [...] it publicly and
explicitly states the following
1. With regard to the Preliminary objections raised by the State:
•
It withdraws the first Preliminary Objection regarding undue application of
Articles 50 and 51 of the American Convention, and
•
It maintains the second Preliminary Objection regarding non-exhaustion of
domestic remedies, filed by the Colombian State.
2. It acknowledges its international responsibility for violation of Articles 4(1), 5(1) and
[5](2), and 7 (1) and [7](2) of the American Convention on Human Rights, in connection
with the facts that took place in Mapiripán in July 1997.
3. It reasserts as its State policy that of promoting and protecting human rights and it
expresses its deep respect and sympathy for the victims of the facts that took place in
Mapiripán in July 1997, and remembering them it expresses its regret and apologizes to
their next of kin and to Colombian society.
4. It asks the […] Court to take this acknowledgment into consideration and give it full
legal effect, therefore limiting the hearings on the merits and the subsequent proceeding
to the study of reparations and costs, as well as to pleadings on the merits regarding
compliance by the State with its treaty commitments in connection with Articles 8(1)
and 25.
5. It specifies that this declaration by the State does not entail an assessment or
appraisal of individual criminal liabilities.
35.
The public hearing on preliminary objections and on the acknowledgment of
responsibility by the State was held on March 7, 2005, and the representatives, the
Commission and the State were present at this hearing. There appeared before the
Court: a) on behalf of the Inter-American Commission: Víctor H. Madrigal Borloz and
Juan Pablo Albán, legal advisors, and Verónica Gómez, legal advisor; b) on behalf of
the representatives: Rafael Barrios Mendivil and Eduardo Carreño, and Jomary
Ortegón, from the Corporación Colectivo de Abogados “José Alvear Restrepo”; and
Viviana Krsticevic and Roxana Altholz, of the Center for Justice and International
Law, and c) on behalf of the State: Luz Marina Gil García, Agent; Dionisio Araujo,
Deputy Agent; Héctor Adolfo Sintura Varela, legal advisor; and Sonia Pereira and
Margarita Manjarrez, legal advisors.
36.
At the outset of the public hearing, the parties stated their positions and
comments on the acknowledgment of responsibility by the State and the preliminary
objections. In this regard, the Commission highlighted the willingness expressed by
the State and appreciated the importance of its statement, as it constitutes a step
toward fulfillment of its international obligations. It also expressed its special
appreciation for the words expressed in remembrance of the alleged victims and to
apologize to their next of kin and to Colombian society. On the other hand, it
deemed that the merits stage should remain open, to address all the factual and
legal arguments of the representatives and of the Commission, and the responsibility
of the State regarding all the identified and unidentified individuals, mentioned as
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents