14
authenticated. In other words, with regard to the following: Francisco Javier García Valle, Juan
Guillermo Valle Noreña, John Jairo Valle Noreña, Jairo Alberto Londoño Del Valle, John Alberto
Henao Valle, Franklin Henao Valle, Fredy Henao Valle, Mauricio Alberto Herrera Valle, Andrés
Felipe Valle Villegas, Oscar Fernando Hoyos Jaramillo, Andrés Felipe Ochoa Jaramillo, Diego
Alejandro Ochoa Jaramillo, Juan Gonzalo Jaramillo Mejía, Alejandro Jaramillo Mejía, Santiago
Jaramillo Tobón, Juan Camilo Jaramillo Gutiérrez, César Augusto Jaramillo Gutiérrez, Jorge Mario
Jaramillo Gutiérrez, Luís Jairo Jaramillo Gutiérrez, Marta Luz García Valle, Diana Patricia García
Valle, María Victoria García Valle, Claudia María García Valle, Berta Lucía Valle Noreña, Luz
Adriana Valle Noreña, Juliana Patricia Londoño Del Valle, Adriana María Londoño Del Valle,
Jannette Henao Valle, Claudia Helena Herrera Valle, Liliana María Herrera Valle, Ana María Valle
Villegas, Ana Catalina Hoyos Jaramillo, María Isabel Jaramillo Mejía, Juliana Jaramillo Tobón, Luisa
María Gómez Jaramillo, Gabriela Gómez Jaramillo and Victoria Alejandra Gómez Jaramillo, the
State indicated that their close affective ties had not been proved.
39.
Regarding the “cousins and nephews and nieces of the direct victims” indicated in
the preceding paragraph, the Court considers that a dispute subsists regarding their status
as victims. The Court observes that the State failed to mention among the “cousins and
nephews and nieces of the direct victims” José Miguel Jaramillo Gutiérrez, nephew of Carlos
Fernando Jaramillo Correa, who appears in the evidence forwarded by the representatives
as an attachment to the brief with pleadings and motions (infra para. 131), so that a
dispute subsists with regard to whether he is a victim of the violation of Article 5(1) of the
Convention.
40.
Moreover, the Court observes that the State did not recognize Gonzalo de Jesús
Jaramillo Correa, who is another of Carlos Fernando Jaramillo Correa’s siblings (infra para.
130), as a victim of the violation of Article 5(1) of the Convention, so that a dispute also
subsists in this regard.
41.
In addition, the Court observes that the State failed to mention Ana Carolina
Jaramillo Correa, who is also Carlos Fernando Jaramillo Correa’s daughter, as a victim of the
violation of Article 22 of the Convention, so that a dispute subsists in this regard.
42.
Furthermore, the State indicated that “the birth certificate of Gilma Valle Jaramillo
(sister, deceased) (and as beneficiaries: John Alberto Henao Valle, Franklin Henao Valle,
Fredy Henao Valle and Jeannette Henao) had not been provided.” Consequently, it argued
that “the relationship with Jesús María Valle Jaramillo [had not been proved] or the date of
her decease, in order to know whether she fulfils the requisites of injured party.”
Accordingly, the Court finds that the dispute subsists regarding the status of victim or
injured party of these individuals.
43.
The State also contested “the claim of the representatives to include human rights
defenders as new victims, because (i) [they] were not included as victims in the
proceedings before the [Commission, and were not identified in the application], and (ii) a
contentious case is not an actio popularis.” Consequently, the dispute on this point also
subsists.
*
44.
*
*
Regarding the measures of reparation, as indicated above, the State affirmed that:
It found that there were significant discrepancies as regards the claims made in the application
and those in the brief with pleas, motions and evidence […]. Nevertheless, the State indicated
that, in good faith, it had carried out some domestic acts of reparation and that it intended to
compensate and provide satisfaction to the alleged victims and their next of kin, to repair the
damage caused and to guarantee the non-repetition of acts of this significance and impact on
society. In this regard, [it] outline[d] other complementary measures of reparation, consistent