3
limit for the representatives to present their comments to the first and second state's
report had expired, and that up to that dates, such comments had not been
received; therefore, it was repeated that they should submit the comments.
9.
The briefs of the representatives of September 10, 2007 and December 12,
2008 and of the Commission of September 27, 2007 and September 3, 2008, by
means of which they submitted their comments to the respective state’s reports.
10.
The Order of the President of November 26, 2008 by which the Commission,
the State and the representatives of the victims, of their next-of-kin and the
beneficiaries of the provisional measures were convened to a private hearing to be
held at the seat of the Court on January 20, 2009. The purpose of the hearing was
for the Tribunal to obtain information from the State on the compliance with the
Judgment, listen to the comments of the Commission and the representatives in that
regard and receive information on the implementation and effectiveness of the
provisional measures, as well as the need to keep them in force. By means of the
Secretariat’s note of December 11, 2008, the parties were informed that, following
the instructions of the full Court, it was decided to move forward said hearing for
January 19 and to divide it into two parts; the first part would deal with the
procedure to monitor compliance with the Judgment and the second part, with the
provisional measures.
11.
The private hearing on monitoring compliance with the Judgment held on
January 19, 2009 during the LXXXII Period of Ordinary Sessions of the Tribunal at its
seat1, as well as the documents presented by the State during the hearing.2
12.
The notes of the Secretariat of January 30, 2009 by means of which, the
State, the Commission and the Representatives were repeated to present written
information on the requirements made by the Judges at the end of said hearing.3 It
The following persons, as members of the respective delegations, participated in this hearing: On
behalf of the Inter-American Commission on Human Rights: Elizabeth Abi-Mershed, Deputy Executive
Secretary; Juan Pablo Albán Alencastro, advisor; Lilly Ching Soto, advisor; on behalf of the victims and the
beneficiaries: Eduardo Carreño Wilches and Jomary Ortegón Osorio, of the Corporación Colectivo de
Abogados “José Alvear Restrepo”, and Michael Camillieri and Francisco Quintana, of the Center for Justice
and Internacional Law (CEJIL); on behalf of the State of Colombia: Luz Marina Gil, Executive Director of
the Military Criminal Court , Ministry of Defense; Ángela Margarita Rey, Director of Human Rights and
International Humanitarian Law, Ministry of Foreign Affairs; Carlos Franco, Director of the presidential
Program on Human Rights; Fernando Arévalo, Director of Judicial Defense of the Nation, Ministry of
Interior and Justice; Francisco Javier Echeverri Lara, Director of International Affairs of the Government
Attorney's Office; Sandra Janeth Castro Ospina, Coordinator of the Human Rights Division of the
Government Attorney’s Office; Colonel Juan Carlos Gómez, Human Rights Director, Minitry of Defense;
Colonel Efraín Oswaldo Aragón, Human Rights Coordinator, National Police; Gloria Beatriz Gavairia,
Human Rights Coordinator, Ministry of Social Protection; Juana Acosta López, Coordinator of the
Interinstitutional Operative Group, Ministry of Foreign Affairs; Miguel Soto, Coordinator of the Information,
Precautionary and Provisional Measures Area, Ministry of Foreign Affairs; Santiago Arteaga, Prosecutor of
the Human Rights Division of the Government Attorney’s Office; Generoso Hutchinson, Prosecutor of the
Human Rights Division of the Government Attorney’s Office; Ltn. Com. Enoc Salcedo, Advisor of the
Human Rights Direction, Ministry of Defense; Natalia Salamanca, Advisor of the Human Rights Direction,
Ministry of Foreign Affairs; Diana Bravo R., Advisor of the Human Rights Direction, Ministry of Foreign
Affairs; General Jorge Rodríguez, Head of the Office of Joint Institutional Defense of the Military Forces
Command .
1
2
The State submitted a report on human rights and international humanitarian law training
programs for the members of the law enforcement agencies, the publication of “Comprehensive Policy on
Human Rights and International Humanitarian Law" of the Ministry of Defense and a copy of the payments
receipts, in relation to the compliance with the Operative Paragraphs fifteen, sixteen and seventeen of the
Judgment.
3
Specially, the parties were requested to present written information regarding the following
aspects that were subject-matter of the discussion at the private hearing:
Their position as to the need (or not) to appoint a specific prosecutor for this case.