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the Court declare the State responsible for the violation of the right to humane treatment of
“the next of kin” of Jesús María Valle Jaramillo and Nelly Valle Jaramillo.
66.
According to the Commission and the representatives, “the execution of Jesús María
Valle did not occur in a void and was not an isolated case; rather it took place in a specific
context as part of a series of murders, harassment, stigmatization, and attacks against
individuals and social organizations dedicated to the defense of human rights. The
consequences have continued over time owing to the ineffectiveness of the administration of
justice in cases such as this.” To support these allegations, the Commission indicated, inter
alia, that “[t]he State authorities themselves declared that the grave situation of
vulnerability in which Colombian human rights defenders found themselves generated a
increased responsibility of protection for the State […]. In this case, it was reasonable to
think that the risk borne by Jesús María Valle Jaramillo merited that the State adopt
measures in accordance with this increased responsibility of protection.” The Commission
also indicated that “the authorities were aware of the risk and adopted measures to deal
with it. However, those measures were insufficient […].”
67.
In addition, the representatives argued that, “at the time the human rights defender
Jesús María Valle Jaramillo was executed, the defense of human rights in Colombia took
place in a context of systematic persecution and the absence of measures of protection and
guarantees for the full and free exercise of this task, together with a pattern of impunity
that […] still characterizes the investigations undertaken in response to acts of intimidation
and violence […] against human rights defenders in different parts of the country.”
Furthermore, the representatives indicated that between July 1, 1996, and December 31,
1998, “several human rights defenders were executed in similar circumstances, using a
specific modus operandi.”
68.
The representatives also insisted that Valle Jaramillo’s “permanent denunciation of
joint actions by members of paramilitary groups and soldiers [placed him] in great danger.
Despite this, his life was not protected in any way and, to the contrary, he was the passive
subject of criminal complaints filed by the Commander of the Fourth Brigade of the National
Army, which, [according to the representatives,] was one more reason for the attempt on
his life.” The representatives alleged that, “[t]he criminal complaint filed by […] State
agents against Jesús María Valle Jaramillo, seeking to discredit and intimidate [him], and to
prevent his denunciations in defense of the population of Ituango, together with public
defamation by the Governor of Antioquia at the time, jeopardized the human rights
defender’s life. These acts of harassment and defamation potentially encouraged the
paramilitary groups and those directly involved in the reported facts to take action against
the humanist.”
69.
Furthermore, the Commission and the representatives indicated that the illegal and
arbitrary detention of Jesús María Valle Jaramillo, Nelly Valle Jaramillo, and Carlos Jaramillo
Correa placed them in a situation of vulnerability resulting in the real and imminent danger
that their other rights would be violated. According to the representatives, the situation of
“absolute defenselessness […] must have caused them immense anguish, since the outcome
was predictable; acts that corresponded to cruel, inhuman, and degrading treatment.” In
addition, the Commission and the representatives alleged that “the execution of [Jesús
María] Valle Jaramillo had a specific and grave impact on the stability of the family, which
was deprived of the person who guided and supported it,” “because the pain and suffering
caused by both his death and the circumstances surrounding the case constitute a violation
of the physical and moral integrity of all [his] family.”
70.
The State acknowledged that “Jesús María Valle Jaramillo was a well-known human