6
15.
The representatives stated that the State effectively "made a proposal to cut
down the content of the publication" ordered by the Court. They indicated that they
were not obliged to accept this proposal because it reduced the obligations imposed
upon the State. According to the representatives, the Colombian State "made a
publication in the El Espectador newspaper on Sunday 26 September [2010] and
they [were] informed via a written communication sent by fax on Friday the 24th [of
the same month and year] at 5:34 pm [...], a time at which it is often virtually
impossible that an official at the Directorate of Human Rights and IHL is available in
an emergency. They deem[ed] this to be an unfair way to treat the victims and their
representatives." As a result, they manifested that the family of Jesús María Valle
Jaramillo, the other victims set forth in the Judgment, representatives and the
human rights community did not find out about the aforementioned publication in a
timely fashion. Finally, the representatives noted that the State has not published
any domestic decision and thus fails to comply with the Judgment of the Court.
16.
The Commission positively valued the publication made by the State in the
Official Gazette and considered that the State has partially complied with this aspect
of the Judgment. Moreover, the Commission asked the Court to request a copy of the
publication made in a nationally circulated newspaper so as to fully comply with this
point.
17.
The President positively values the State's efforts aimed at implementing
operative paragraph fifteen of the Judgment. Indeed, the available information
indicates that the publication of the paragraphs of the Judgment in the Official
Gazette had been complied with, as the parties agree with regard to partial
compliance of this point. Therefore, this matter will be referred to the Court so that it
can consider the compliance at an appropriate time.
18.
As for the publication in a nationally circulated newspaper, it is imperative
that the State submit a copy of the publication that the representatives referred to,
and that the Commission submits its observations.
a) Regarding operative paragraph sixteen of the Judgment
19.
Regarding the obligation to hold a public ceremony to acknowledge
international responsibility, at the University of Antioquia, in relation to the violations
found in the case (sixteenth operative paragraph of the Judgment), the State did not
refer specifically to this point, but expressed its willingness to comply as soon as
possible with all the measures ordered by this Court, hence it stated that it is
currently taking the necessary steps to achieve this goal. Consequently, it
manifested that it will inform this Court on all diligences taken relating to said
measure.
20.
The representatives stated that together with the family of Jesús María Valle
Jaramillo, they have "considered that public [c]eremony held within the University of
Antioquia must include the active and positive participation of all the university
population." They also noted the existence of a "consensus among the student
representatives, [from differing disciplines], who participated, with regard to the
need to work [...] so that any event that is held be carried out without interference
or hindrance of any kind." Consequently, they proposed several conceptual elements
for the ceremony to the State, as well as possible mechanisms to ensure its success,
and await the State response.