8.
The Commission stated that “the available information and the proof of
payment sent by the State indicate that the State has fulfilled this aspect of the
judgment.”
9.
The Court observes that the information provided by the parties is consistent
with regard to full compliance with this measure of reparation. Hence, the Court
assesses positively the payments made by the State of the amounts awarded in the
judgment (supra having seen paragraph 1) for pecuniary and non-pecuniary damage,
and reimbursement of costs and expenses; consequently, Therefore, it considers that
this operative paragraph has been complied with fully.
b) Regarding the obligation to investigate the facts that resulted in the
violations in the case (fourteenth operative paragraph of the judgment)
10.
The State indicated that it continues making every effort to investigate,
prosecute and, as appropriate, punish those responsible. First, the State referred to
appeal for review No. 29075, and advised that, in a decision of April 1, 2008, the
Criminal Chamber of the Supreme Court of Justice had admitted the appeal for review
filed by the Fifth Prosecutor of the National Human Rights and International Human
Law Unit against the judgment of July 25, 2001, delivered by the Superior Tribunal of
Medellin, which had confirmed the acquittal of two individuals accused of the crime of
aggravated murder decided by the Third Criminal Court of the Medellin Special Circuit
on March 15, 2001. This appeal for review was at the evidence stage in December
2008 and, as of December 12, 2010, “it had been forwarded to the parties concerned
so that they could submit their respective final arguments.” The Prosecutor presented
his arguments on January 11, 2011. With regard to criminal proceeding No. 2009-0184
before the Fourth Criminal Court of the Medellin Special Circuit, the State affirmed
that the Fifth Special Prosecutor of the Human Rights and International Humanitarian
Law Unit issued an indictment against two individuals alleged to be the masterminds of
the aggravated murder and that, in a decision of November 17, 2009, the said court
declared that the criminal action had extinguished, and that the whole procedure had
concluded for one of the accused, because he had died on October 7, 2009. In
addition, on September 17, 2010, this court handed down a sentence of 300 months
imprisonment for one of the defendants as co-author of the aggravated murder of
Jesús María Valle Jaramillo. This sentence is currently pending appeal before the
Criminal Chamber of the Superior Court of Medellin. When presenting his arguments,
the Prosecutor sought confirmation of the sentence. For its part, the State advised that
criminal investigation No. 2100 is underway, and is currently being conducted by the
Fifth Special Prosecutor of the National Human Rights and International Humanitarian
Law Unit in order to identify and individualize other individuals allegedly responsible for
the murder of Jesús María Valle Jaramillo. Lastly, on January 11, 2011, the Technical
Investigation Unit (CTI) was asked to gather information from Justicia y Paz to identify
and individualize other authors and, in particular, masterminds.
11.
The representatives stated, regarding appeal for review No. 29075, that it had
been admitted more than two years previously without any results to date. Also,
regarding criminal action No. 2009-0184, they observed that, on September 17, 2010,
one of the accused was sentenced to 300 months imprisonment for the aggravated
murder of Jesús María Valle Jaramillo, a decision that was appealed by the defendant;
hence it is still not final. They stressed that, more than 12 years after the murder of
the human rights defender, justice has not been done, which makes it likely that the
possible authors, whether or not they have been prosecuted, may die of natural causes
without receiving the sentence corresponding to the crime committed. The
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