representatives stated that, “the obstacles to obtaining justice in this case” include the
Justice and Peace Law and the impunity it created because of the refusal of the
paramilitaries to testify before the ordinary justice system or the specialized human
rights justice system; the extradition of the paramilitary leaders and the absence of an
agreement with the United States of America; the absence of a State criminal justice
policy aimed at investigating paramilitarism, its roots and infiltration within the
institutional framework, and the murder of key witnesses. In short, the representatives
stated that investigations “have not been conducted with the due diligence to identify
the masterminds and co-authors” of the extrajudicial execution of Mr. Valle Jaramillo.
12.
The Commission observed that the information provided by the State makes it
possible to conclude that the “processing [of appeal for review No. 29075] is not being
conducted with the required due diligence and promptness.” With regard to criminal
proceedings 2900-0184, the Commission had assessed the updated information
provided by the State and was waiting for information on other proceedings to identify
and impose the appropriate punishments on all the masterminds and perpetrators of
the facts. Regarding criminal investigation No. 2100, it observed that the State had not
provided updated information. Finally, the Commission observed that there is no
information to show that the Colombian system of justice is dealing with this
investigation integrally, taking into account its complexity, and it has not presented a
copy of the measures taken or a description of the investigation in the proceedings.
13.
The Court assesses positively the information provided by the State on this
operative paragraph. It also assesses positively the different efforts made by the State,
through the Prosecutor General’s Office, in relation to this matter, as well as the legal
actions undertaken that, as an unfortunate consequence, have jeopardized the safety
of its agents and officials.
14.
Regarding appeal for review No. 29075 (the progress of which was reported by
the State), this Court must recall that, as stated in the judgment (supra having seen
paragraph 1), it had been admitted for processing by the Criminal Cassation Chamber
of the Supreme Court of Justice on April 1, 2008. Since then, almost three years have
passed without a final ruling being issued.
15.
Furthermore, when assessing compliance with the obligation to investigate in
this case, it must be recalled that, in the judgment (supra having seen paragraph 1),
the Court stated that other cases before it “have revealed ‘the existence of numerous
cases of connections between paramilitaries and members of law enforcement
personnel with regard to facts similar to those that occurred in this case, as well as
omissive attitudes of law enforcement personnel regarding the actions of these
groups.’”6 In addition, in the instant case, the judgment emphasized that, one month
before his death, Jesús María Valle Jaramillo had denounced collusion between
members of State law enforcement personnel and paramilitaries, and one day before
his death, he testified about these denunciations.7 The Court held that these
6
Case of Valle Jaramillo et el. v. Colombia. Merits, reparations and costs. Judgment of November 27,
2008. Series C No. 192, para. 76, citing Case of the “Mapiripán Massacre” v. Colombia. Merits, reparations
and costs. Judgment of September 15, 2005. Series C No. 134, para. 96.19; Case of the Pueblo Bello
Massacre v. Colombia. Merits, reparations and costs. Judgment of January 31, 2006. Series C No. 140, para.
128, and Case of the Ituango Massacres v. Colombia. Preliminary objection, merits, reparations and costs.
Judgment of July 1, 2006. Series C No. 148, para. 125.24.
7
Cf. Case of Valle Jaramillo et el. v. Colombia, supra note 6, para. 94.
6