55
190. Consequently, because they were not identified with precision at the appropriate
procedural opportunity, the Court cannot consider human rights defenders to be alleged
victims in the instant case.
191. Based on the above, this Court finds that it is not incumbent on it to rule on the
alleged violation of Articles 5, 13, and 16 of the Convention to the detriment of the human
rights defenders, since they are not alleged victims in this case.
XII
ARTICLE 13 (FREEDOM OF THOUGHT AND EXPRESSION)138 OF THE AMERICAN
CONVENTION IN RELATION TO ARTICLE 1(1) THEREOF
192. The representatives alleged that the State “did not respect or guarantee Jesús María
Valle Jaramillo’s right to freedom of thought and expression, even though it had the legal
obligation and duty to do so. To the contrary, in a context of democracy, it obstructed and
prevented him from continuing to denounce the acts that were being perpetrated by
paramilitary groups in connivance with and supported by the Army.” The representatives
considered that the violation of Article 13 of the Convention was constituted by the alleged
stigmatization of Jesús María Valle Jaramillo as an “enemy of the Armed Forces” by the
Governor of Antioquia at the time, as well as by the criminal complaint filed against him by
members of the Army for the offense of slander. According to the representatives, these
State actions were intended to harass and intimidate Jesús María Valle Jaramillo, owing to
his denunciations as a human rights defender. According to the representatives, “all the
actions taken by the State authorities were designed to prevent him from continuing to
denounce what was happening in the region of Ituango.”
193.
The Commission did not allege the violation of Article 13 of the Convention.
194. The State indicated that “there is no evidence to prove the affirmation that State
authorities declared that Jesús María Valle Jaramillo was an enemy of the Armed Forces.” It
also stated that protection of the right to honor and reputation is guaranteed in the
Colombian Constitution and that, “in Colombia, a criminal action for the offense of slander
or libel can be filed against anyone by any citizen who considers that his moral integrity has
been violated.” Therefore, the State was obliged “to receive the complaint made against
Jesús María Valle Jaramillo for the presumed offense of slander or libel and open a
preliminary investigation to decide whether or not this had been committed, and whether
the accused had any participation in it, or whether the action was admissible.” Despite the
above, the State requested that “should [the Court] find that the State has violated the
right to freedom of expression, it declare that this violation was subsumed in the violation of
the other rights that the State has acknowledged.”
195. As indicated above, the Court recalls that although the Commission did not allege the
violation of Article 13 of the Convention, the representatives are allowed to invoke rights
other than those included in the Commission’s application, based on the facts described in
the application (supra para. 174). To prove this alleged violation, the representatives relied
on two facts indicated in the application: the complaint for slander that members of the
138
The relevant part of Article 13 of the Convention establishes that:
1.
Everyone has the right to freedom of thought and expression. This right includes freedom to seek,
receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in
print, in the form of art, or through any other medium of one's choice.
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