28
1.
That the State [...] withdrew all the preliminary objections stated in
the answer to the application dated August 31, 2004.
2.
That the State [...]acknowledged the facts and its international
liability for the violation of Articles 5(1), 5(2) and 5(4); 7(1), 7(2), 7(3), 7(4),
7(5) and 7(6); 8(1), 8(2)(d), 8(2)(e), 8(2)(g) and 8(3) and 25 of the
American Convention on Human Rights.
3.
That said acknowledgement made by the State [...] does not interrupt
the procedures aimed at receiving the evidence ordered to be produced on
the matter of reparations and indemnities, notwithstanding which the Court
may decide on the merits of the case and on the request made by the State
for time period during which to attempt reaching a friendly settlement on the
matter of the said indemnities
Subsequently, the Court made the following decisions:
1.
To admit the withdrawal of all the preliminary objections filed by the
State.
2.
To admit the acknowledgement of its international liability made by
the State within the scope of the first and second paragraphs of the
considerations contained in the [...] Order of the Court.
3.
That there is no longer a dispute as to the facts and therefore, the
Court would render, in due time, judgment on the merits of the case.
4.
To continue holding the public hearing convened under the Order of
the President of the Court dated February 1, 2005, and to restrict its subjectmatter to reparations and indemnities in the instant case […].
51.
The Court considers the facts stated in paragraph 48 of this Judgment to
have been proved and on the basis of such proven facts, and having weighed the
circumstances of the case, the Court proceeds to specify the different violations of
the Articles mentioned it has found.
52.
Firstly, as Colombia acknowledged, this Court considers that the State
internationally liable for the violation of the rights embodied in Articles 5(1), 5(2)
and 5(4); 7(1), 7(2), 7(3), 7(4), 7(5) and 7(6); 8(1), 8(2)(d), 8(2)(e), 8(2)(g) and
8(3) and 25 of the American Convention, regarding Article 1(1) of the same, against
Mr. Wilson Gutiérrez-Soler. As to his arrest, the Court considers that it was made
without a warrant issued by a judge having jurisdiction to do so and under
circumstances that do not qualify as flagrancy.
53.
The aforesaid notwithstanding, the Court acknowledges that there still is a
dispute as to other violations alleged in the instant case. In that sense, the
representatives alleged that the State also failed to comply with the obligations set
forth in Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish
Torture24 (hereinafter “Inter-American Convention against Torture”), even though
24
Cf. Article 1: “[T]he State Parties undertake to prevent and punish torture in accordance with
the terms of this Convention.”. Article 6: “[i]n accordance with the terms of Article 1, the States Parties
shall take effective measures to prevent and punish torture within their jurisdiction. The States Parties
shall ensure that all acts of torture and attempts to commit torture are offenses under their criminal law
and shall make such acts punishable by severe penalties that take into account their serious nature. The
States Parties likewise shall take effective measures to prevent and punish other cruel, inhuman, or
degrading treatment or punishment within their jurisdiction”. Article 8: “[T]he States Parties shall
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