- 17 -
“Factual grounds” of the brief with pleadings, motions and evidence.41 In its final
written arguments, the State specified that Senator Cepeda’s record as a politician and
journalist may be examined as part of the context of the case, but that “the Court
could not include, even as part of the context, those facts that refer to matters that
might also constitute alleged violations of the State’s obligations.”
45.
The Commission considered that it was not incumbent on it to make
observations. For their part, the representatives stated that this background
information represented facts aimed at describing Senator Cepeda’s professional
career and the harassment that he and his family suffered in reprisal for his work.
They also indicated that none of the alleged violations was based on this background
information, so that the Court would not establish any juridical consequence based on
them.
46.
The Court observes that the State is attempting to exclude certain facts
presented by the representatives that allegedly occurred before the date on which it
accepted the Court’s compulsory jurisdiction on June 21, 1985. These facts include
references to the personal life of Manuel Cepeda Vargas and the circumstances in
which he carried out his activities, and therefore do not constitute facts that prima
facie or per se are excluded from the Court’s jurisdiction. In other words, the Court is
able to refer to or incorporate this background information on the facts, as elements of
the context of the merits of the case, without deriving specific juridical consequences
from them.42 Consequently, the fourth preliminary objection filed by the State is
rejected.
IV
MERITS
47.
The Court has jurisdiction to hear this case, in accordance with Article 62(3) of
the American Convention.43 Having decided the preliminary objections, and observed
the terms of the State’s acknowledgement of international responsibility, the Court will
now decide the merits of the dispute.
IV.1
PRIOR CONSIDERATIONS
48.
The State requested that a limit should be placed on the facts in dispute,
specifically so that the Court would not consider “new facts presented by the
representatives of the [presumed] victims”44 and additional facts presented by both
41
Brief with pleadings, motions and evidence, April 4, 2009, paras. 37, 40 to 44 and 46.
42
Cf. Case of Almonacid Arellano et al. v. Chile, supra note 38, para. 82; García Prieto et al. v. El Salvador.
Preliminary objections, merits, reparations and costs. Judgment of November 20, 2007. Series C No. 168, para. 76,
and Nogueira de Carvalho et al. v. Brazil. Preliminary objections and merits. Judgment of November 28, 2006.
Series C No. 161, para. 67. See also, Case of the Saramaka People v. Suriname, supra note 29, para. 16.
43
Colombia has been a State Party to the Convention since July 31, 1973, and accepted the compulsory
jurisdiction of the Court on June 21, 1985.
44
Thus, the State considered that the following should be excluded: a section of the pleadings and motions
brief entitled “Manuel Cepeda Vargas: promoter of the Patriotic Union political party,” because it contained the
representatives’ assessment of the origin and actions of this party, which correspond to the Patriotic Union case;
accusations made by Mr. Cepeda as a parliamentarian about acts by senior military commanders and paramilitary
groups against this movement or party; about alleged extermination operations against members of the UP and the
corresponding reports prepared by State agencies and international organizations (including decisions of the
Constitutional Court and the Ombudsman); the reference to declarations by the actual President of the Republic of