5
González Amado, expert witness proposed by the Representatives, to file his opinion
by affidavit. Furthermore, in said Order, the President summoned the InterAmerican Commission, the Representatives and the State to a public hearing which
would be held at the seat of the Inter-American Court on March 19, 2005, to hear
their closing oral arguments on the preliminary objections and possibly on the
merits, reparations and indemnities in the instant case, as well as the witnesses and
expert witnesses proposed by the Inter-American Commission and the
Representatives (infra para. 27). By means of said Resolution, the President also
informed the parties that they were entitled to submit their closing written
arguments regarding preliminary objections and possibly regarding the merits,
reparations and indemnities up to April 11, 2005.
22.
On February 15, 2005, the Representatives filed the statements by Kevin
Daniel Gutiérrez-Niño, Yaqueline Reyes, Luisa Fernanda Gutiérrez-Reyes, Leydi
Caterin Gutiérrez-Peña, Sulma Tatiana Gutiérrez-Rubiano and Carlos Andrés
Gutiérrez-Rubiano. They also pointed out that the statements by Luisa Fernanda
Gutiérrez-Reyes and Leonardo Gutiérrez-Rubiano, on account of their status as
minors, could not be taken under the form of an affidavit in view of the domestic
legislation regarding minors. Finally, they stated that, for reasons beyond their
control, María Elena Soler de Gutiérrez, Ricardo Alberto Gutiérrez and Paula Camila
Gutiérrez-Reyes could not render testimony. Nevertheless, on February 16, 2005,
the Representatives submitted the statements by Ricardo Alberto Gutiérrez and
Leonardo Gutiérrez-Rubiano.
23.
On February 16, 2005, the State forwarded a copy of “the case file of the
proceedings brought before the Criminal Military Court System against Colonel Luis
Gonzaga Enciso Baron for the crime of Bodily Injuries against Wilson GutiérrezSoler.”
24.
On February 17, 2005, the Representatives filed the statement by Iván
González Amado.
25.
On March 4, 2005, the State submitted in writing its comments on the
statements filed by the Representatives (supra paras. 22 and 24).
26.
On March 9, 2005, the State filed a brief wherein it stated that:
The Republic of Colombia, in its capacity as State Party of, and in accordance with, the
American Convention on Human Rights, considering the domestic proceedings and the facts
stated in the application filed by the Inter-American Commission on Human Rights and in
compliance with its international obligations and its policy of promotion, protection and
respect of human rights hereby expressly and publicly:
1.
Withdraws the two preliminary objections raised by the State, which consist of
impairment of the State’s right to defend itself and failure to comply with the requirements
for the exhaustion of domestic remedies.
2.
Acknowledges its international liability for the violation of Articles 5(1), (2) and (4);
7(1) (2) (3) (4) (5) and (6); 8(1) (2)(d) (2)(e) (2)(g) and (3) and 25 of the American
Convention on Human Rights, in relation to the facts asserted in the application.
3.
Derives said acknowledgment from the acts or omissions of certain government
officials who, acted individually in breach of their legal duties.
4.
Reaffirms as its State policy the promotion and protection of human rights and
expresses its respect and consideration for the victim and his next of kin and asks
forgiveness for the occurrences.
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