20
facts corresponding to the violation of the human rights of Jesús María Valle Jaramillo, Nelly
Valle Jaramillo, and Carlos Fernando Jaramillo Correa […].” As it has on previous occasions,
in application of the provisions of Article 45(1) of the Rules of Procedure,21 the Court
incorporates into the body of evidence the statements and expert opinions indicated above,
since the State took part in the proceedings during which they were provided and because
the Court considers them useful for deciding the instant case. This evidence will be assessed
in accordance with the rules of sound judicial discretion and together with the body of
evidence in the proceedings. Also, in application of the provisions of Article 45(1) of the
Rules of Procedure, the Court will transfer the facts that it has already accepted as proved
in other judgments that are relevant and useful for deciding the present case.
59.
Regarding the documents provided by the State at the public hearing (supra para.
8), the Court considers that they are useful and relevant and incorporates them into the
body of evidence to be assessed in accordance with the rules of sound judicial discretion
and together with the body of evidence in the proceedings.
60.
On April 23, 2008, the representatives submitted additional documentary evidence
consisting of two statements made by Francisco Enrique Villalba Hernández in February and
March 2008 during a criminal action at the domestic level, which contain information
presumably related to the instant case and, therefore, requested its incorporation into the
body of evidence as supervening evidence (supra paras. 10). In this regard, the State
indicated that these statements had not been corroborated or assessed by the prosecutor in
charge of the case, and they did not comply with the requirements for evidence established
in Article 44 of the Court’s Rules of Procedure. Furthermore, they had not been subjected to
an adversarial procedure at the domestic level. The State also questioned the validity of the
statements, alleging that Mr. Villalba had little credibility. The Court finds that this
documentary evidence complies with the formal requirements to be admitted as
supervening evidence under Article 44(3) of the Rules of Procedure and incorporates it into
the body of evidence in order to assess it, bearing in mind the objections raised by the
State.
61.
Also, on June 6, 2008, the State presented as supervening evidence the decision of
the Supreme Court of Justice of April 1, 2008 (supra para. 13), which admitted the appeal
filed by the Fifth Prosecutor of the National Human Rights and International Humanitarian
Law Unit against the judgment of the Superior Court of the Judicial District of Medellín of
July 25, 2001, confirming the acquittal of Jaime Alberto Angulo Osorio and Francisco
Antonio Angulo Osorio for the compound offenses of aggravated murder to the detriment of
Jesús María Valle Jaramillo. The Commission considered that this supervening evidence “is
admissible and illustrates the adoption of positive steps towards clarifying the facts and the
eventual prosecution and punishment of at least some of those responsible.” Nevertheless,
it insisted that this evidence “cannot be admitted by the Court in order to declare that the
State has not violated the Convention” in the instant case. The representatives classified the
new information as “time-barred, almost superfluous, because it merely informs the Court
that some isolated procedural actions have been carried out that are far from being effective
mechanisms to ensure that justice is done” in this case. The Court finds that this evidence
complies with the formal requirements for admissibility stipulated in Article 44(3) of the
Rules of Procedure and incorporates it into the body of evidence, considering it useful and
21
Cf. The “Mapiripán Massacre” v. Colombia. Merits, reparations and costs. Judgment of September 15,
2005. Series C No. 134, para. 90; La Rochela Massacre v. Colombia. Merits, reparations and costs. Judgment of
May 11, 2007. Series C No. 163, para. 64, and The Ituango Massacres v. Colombia. Preliminary objection, merits,
reparations and costs. Judgment of July 1, 2006. Series C No. 148, para. 123.