Ana C. Deutsch.
10.
On July 5 and 6, 2002 the Secretariat, under instructions by the President,
requested information and some documentation from the representatives of the next
of kin of the victims and from the State as evidence to facilitate adjudication,
pursuant to Article 44(1) of the Rules of Procedure. On July 26, 2002 the State
submitted the information and legislation requested, and on the 30th of that same
month and year, the representatives of the next of kin of the victims submitted the
documents requested.
11.
On August 26, 2002 the representatives of the next of kin of the victims, the
Commission and the State filed their respective briefs with final arguments. The
representatives of the next of kin of the victims also submitted several appendices
together with that brief.
III
COMPETENCE
12.
The Court is competent, under the terms set forth in Articles 62 and 63(1) of
the Convention, to decide on reparations, legal costs and expenses in 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 recognized the contentious jurisdiction of the
Court on June 21, 1985.
IV
REPRESENTATION OF THE NEXT OF KIN OF THE VICTIMS
13.
With respect to representation of the next of kin of the victims in these
proceedings, the Court notes that the principals and their proxies were clearly
identified in the powers of attorney supplied by the representatives of the
aforementioned next of kin, as well as the purpose of the representation. However,
in some powers of attorney there is no specification of the reason why each of the
next of kin did not directly grant a power of attorney to those who have acted as
proxies before the bodies of the inter-American system for protection of human
rights.
14. The Court deems it pertinent to issue a reminder that proceedings before an
international tribunal are not subject to the same formalities followed under domestic
legislation,2 and therefore the acts and instruments used in proceedings before the
Court are not subject to said formalities. The usual practice of this Court with
respect to rules of representation has been based on those principles, and therefore
it has been flexible and this has been applied indiscriminately to the States, to the
Inter-American Commission and, during the reparations phase, to the victims in the
case or their next of kin.3
2
Cf. El Caracazo Case. Reparations (Art.63(1) American Convention on Human Rights). August
29, 2002 Judgment. Series C No. 95, para. 38; Trujillo Oroza Case. Reparations (Art.63(1) American
Convention on Human Rights). February 27, 2002 Judgment. Series C No. 92, para. 37; and Bámaca
Velásquez Case. Reparations (Art.63(1) American Convention on Human Rights). February 22, 2002
Judgment. Series C No. 91, para. 15.
3
Cf. Castillo Páez Case. Reparations (Art.63(1) American Convention on Human Rights). November
27, 1998 Judgment. Series C No. 43, paras. 65 and 66; and Loayza Tamayo Case. Reparations (Art.63(1)
American Convention on Human Rights). November 27, 1998 Judgment. Series C No. 42, paras. 99 and
100.
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