49
responsibilities in a case,122 the Court recognizes their complementary role in guaranteeing
the rights recognized in the Convention.
C)
Administrative law proceedings
167. In addition to the criminal and disciplinary proceedings examined above, the Court
notes the fact, which has not been disputed, that on March 16, 2000, some of Jesús María
Valle Jaramillo’s next of kin filed a complaint under the direct reparation procedure before
the Administrative Court of Antioquia against the Nation, represented by the Ministry of
Defense, the Army, the Ministry of the Interior and Justice, the National Police, the
Administrative Department of Security (DAS), the Department of Antioquia, and the
Municipality of Medellín, for the facts that occurred on February 27, 1998. The judgment in
first instance was adverse to the complainants, who on April 26, 2007, entered into a
settlement agreement before the Council of State. In this settlement, the State agreed to
make partial reparation to those victims and their next of kin who were parties to the
administrative proceeding. In this regard, in keeping with its case law on the obligation to
repair resulting from a violation of the Convention (infra paras. 201 to 210), the Court
recognizes the role of the administrative jurisdiction as regards reparations and assesses
positively that, in the domestic sphere, the State has made partial reparation to some of the
victims in the instant case. This constitutes a significant contribution to the integral
reparation of the violations declared in this judgment. Nevertheless, the scope and
repercussions of the decisions made by that instance will be examined in the chapter on
reparations (infra paras. 201 to 208). For the effects of this section, it is sufficient for the
Court to observe that, although the purpose of the proceeding was to make reparation to
the victims and their next of kin for pecuniary and non-pecuniary damages arising from the
facts, an administrative proceeding does not constitute per se an effective and adequate
remedy to make integral reparation for this violation.123
*
*
*
168. In conclusion, despite the progress indicated in the preceding paragraphs, the Court
finds that impunity prevails in the instant case because domestic procedures and
proceedings have not constituted effective remedies to ensure access to justice, to
investigate and eventually punish all those who took part in the perpetration of the
violations, including the possible participation of State agents, to execute the arrest
warrants issued against those responsible who have already been convicted, and to provide
integral reparation for the consequences of the violations.
169. Based on the above observations in this chapter and bearing in mind the State’s
acknowledgement of the facts and its acquiescence, the Court finds that the State violated
the right to judicial guarantees and to judicial protection recognized in Articles 8(1) and
25(1) of the American Convention, in relation to the general obligation embodied in Article
1(1) thereof, to the detriment of Nelly Valle Jaramillo, Alfonso Montoya Restrepo, Luis
Fernando Montoya Valle, Carlos Fernando Jaramillo Correa, Gloria Lucía Correa, Carlos
Enrique Jaramillo Correa, María Lucía Jaramillo Correa, Ana Carolina Jaramillo Correa, Jesús
Emilio Jaramillo Barrera, Adela Correa de Jaramillo, Blanca Lucía Jaramillo Correa, Romelia
Jaramillo Correa, Nellyda Jaramillo Correa, José María Jaramillo Correa, Luís Eugenio
122
Cf. Case of the “Mapiripán Massacre”, supra note 21, para. 215; Case of La Rochela Massacre, supra note
21, paras. 206 and 215, and Case of the Ituango Massacres, supra note 21, para. 327.
123
Cf. Case of the “Mapiripán Massacre”, supra note 21, para. 214; Case of La Rochela Massacre, supra note
21, paras. 220 and 222, and Case of the Ituango Massacres, supra note 21, para. 340.