Inter-American Court of Human Rights
Case of Valle Jaramillo et al. v. Colombia
Judgment of November 27, 2008
(Merits, Reparations, and Costs)
In the case of Valle Jaramillo et al.,
the Inter-American Court of Human Rights (hereinafter “the Court” or “the Inter-American
Court”), composed of the following judges:
Cecilia Medina Quiroga, President
Diego García Sayán, Vice President
Sergio García Ramírez, Judge
Manuel E. Ventura Robles, Judge
Leonardo A. Franco, Judge
Margarette May Macaulay, Judge, and
Rhadys Abreu Blondet, Judge;
also present,*
Pablo Saavedra Alessandri, Secretary
pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention”) and with Articles 29, 31,
53(2), 55, 56 and 58 of the Rules of Procedure of the Court (hereinafter “the Rules of
Procedure”), delivers this judgment.
I
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1.
On February 13, 2007, the Inter-American Commission on Human Rights
(hereinafter “the Commission” or “the Inter-American Commission”) submitted to the Court,
in accordance with the provisions of Articles 50 and 61 of the American Convention, an
application against the Republic of Colombia (hereinafter “the State” or “Colombia”). This
application originated from petition No. 12,415, forwarded to the Secretariat of the
Commission on August 2, 2001, by the Grupo Interdisciplinario por los Derechos Humanos
[Interdisciplinary Group for Human Rights] (hereinafter “GIDH”). On February 20, 2003, the
Commission approved Admissibility Report No. 5/03 and, on October 16, 2006, it approved
Merits Report No. 75/06 in the terms of Article 50 of the Convention,1 which contained
*
For reasons beyond her control, the Deputy Secretary, Emilia Segares Rodríguez, did not take part in the
deliberation of this judgment.
1
In the Report on merits, the Commission concluded that the State was responsible for the violation of the
rights to life, humane treatment, personal liberty, and judicial protection embodied in Articles 4(1), 5, 7, 8(1), and
25 of the American Convention, as well as the general obligation to respect and ensure rights found in Article 1(1)
thereof, to the detriment of Jesús María Valle Jaramillo and his next of kin. The Commission also found that
Colombia was responsible for the violation of Articles 5 and 7 of the American Convention, to the detriment of Nelly
Valle Jaramillo. Regarding Carlos Fernando Jaramillo, the Commission concluded that the State was responsible for