6
5.
Understands that this acknowledgment of liability is in itself an act of satisfaction
towards the victim and his next of kin.
6.
Requests to the Honorable Court that, would it be deemed appropriate, the State,
the Representatives of the victim and his next of kin be granted the opportunity to reach,
with facilitation by the Commission on Human Rights, a friendly settlement on reparations
and indemnities, for which the State proposes a maximum delay of six months.
7.
In the event the foregoing request is not granted, the State [p]rays to the
Honorable Court that the foregoing acknowledgment of liability be taken into consideration
and deemed effective to all legal purposes, so that action on the merits of the case be
deemed concluded and the hearing be directed to discuss reparations and indemnities.
8.
The State points out that this statement does not imply an estimation or
assessment of individual criminal liabilities.
27.
On March 10 and 11, 2005, the Court held a public hearing, at which there
appeared: a) For the Inter-American Commission: Juan Pablo Albán, Counsel; Lilly
Ching, Counsel; Verónica Gómez, Counsel; and Víctor H. Madrigal Borloz, Counsel;
b) For the Representatives: Viviana Krsticevic, Executive Director of the Centro por
la Justicia y el Derecho Internacional (hereinafter “CEJIL”); Roxana Altholz,
attorney-at-law for CEJIL; Rafael Barrios, attorney-at-law for the Corporación
Colectivo de Abogados “José Alvear Restrepo” (Lawyers’ Institutional Group “José
Alvear Restrepo”); Eduardo Carreño, attorney-at-law for the Corporación Colectivo
de Abogados “José Alvear Restrepo” (Lawyers’ Institutional Group “José Alvear
Restrepo”); and Jomary Ortegón, attorney-at-law for the Corporación Colectivo de
Abogados “José Alvear Restrepo” (Lawyers’ Institutional Group “José Alvear
Restrepo”); and c) For the State: Julio Aníbal Riaño, Ambassador, Luz Marina Gil
García, Counsel; Luis Alfonso Novoa, Deputy Counsel; Janneth Mabel Lozano Olave,
Counsel; Dionisio Araujo, Counsel; Priscila Gutiérrez Cortés, Counsel; and Margarita
Manjarrez Herrera, Counsel. Also present were Wilson Gutiérrez-Soler, witness
proposed by the Inter-American Commission and the Representatives; Ricardo
Gutiérrez-Soler, witness proposed by the Representatives; María Cristina Nunes de
Mendonça, expert witness proposed by the Inter-American Commission; and Ana
Deutsch and Jaime Prieto, expert witnesses proposed by the Representatives.
28.
During the public hearing, the State reiterated the statements contained in
the brief dated March 9, 2005 (supra para. 26), to the effect that the State
withdrew the preliminary objections it had raised and acknowledged its international
liability in the instant case.
29.
During the same public hearing, with respect to the acknowledgment of
liability made by the State, the Commission stated that:
The Commission desires to greet and express its satisfaction to the Republic of Colombia for
its having made public its acceptance of the claim against it and its acknowledgment of
international liability for having violated the American Convention in relation to the facts
asserted in the application filed in the instant case for illegal arrest, torture and violation of
the right to fair trial of Mr. Wilson Gutiérrez-Soler.
The Commission wishes to highlight, in particular, the words of the declaration that express
respect and consideration for the victim and his next of kin and the gesture of contrition we
have just witnessed, through which apologies are made to them in the name of the State,
and received as a first step along the way to reparation of the damage caused.
The Commission understands that the points in fact and in law to be included in the
judgment that this Honorable Court will hand down in the instant case will be an invaluable
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents